Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Senator Jones
A BILL
To amend sections 9.90, 103.74, 122.64, 122.72, 1
124.134, 124.14, 124.15, 124.152, 124.181, 2
124.322, 124.325, 124.34, 124.38, 124.388, 124.39, 3
124.81, 124.82, 145.47, 306.04, 307.054, 339.06, 4
339.07, 340.04, 505.38, 505.49, 505.60, 709.012, 5
742.31, 749.082, 749.083, 927.69, 1545.071, 6
3306.01, 3307.27, 3307.77, 3309.47, 3311.19, 7
3313.12, 3313.202, 3313.23, 3313.24, 3313.33, 8
3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 9
3317.11, 3317.13, 3319.01, 3319.011, 3319.02, 10
3319.06, 3319.08, 3319.084, 3319.085, 3319.088, 11
3319.09, 3319.10, 3319.11, 3319.13, 3319.14, 12
3319.141, 3319.17, 3319.172, 3319.18, 3319.63, 13
3326.18, 3332.03, 4117.01, 4117.02, 4117.03, 14
4117.05, 4117.06, 4117.07, 4117.08, 4117.09, 15
4117.10, 4117.11, 4117.12, 4117.13, 4117.14, 16
4117.15, 4117.18, 4117.20, 4117.21, 4725.46, 17
4906.02, 5107.26, 5123.51, 5126.24, 5139.02, 18
5503.03, and 5505.15, to enact sections 4113.80, 19
4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 20
4117.108, 4117.109, 4117.26, and 4117.27, and to 21
repeal sections 3317.12, 3317.14, 3319.131, 22
3319.142, 3319.143, 4117.16, 4117.22, and 4117.23 23
of the Revised Code to make various changes to 24
Am. Sub. S. B. No. 5 Page 2
As Passed by the Senate
(4) Furnish and pay for, out of funds appropriated to the 161
department of development for that purpose, office space and 162
associated utilities service, for the development financing 163
advisory council; 164
(7) On or before the first day of October in each year, make 172
an annual report of the activities and operations under assistance 173
programs authorized pursuant to sections 122.39 to 122.62 and 174
Chapter 166. of the Revised Code for the preceding fiscal year to 175
the governor and the general assembly. Each such report shall set 176
forth a complete operating and financial statement covering such 177
activities and operations during the year in accordance with 178
generally accepted accounting principles and shall be audited by a 179
Am. Sub. S. B. No. 5 Page 7
As Passed by the Senate
(B) The board shall consist of ten members. The director of 191
development or the director's designee shall be a voting member on 192
the board. Seven members shall be appointed by the governor with 193
the advice and consent of the senate and selected because of their 194
knowledge of and experience in industrial, business, and 195
commercial financing, suretyship, construction, and their 196
understanding of the problems of minority business enterprises; 197
one member also shall be a member of the senate and appointed by 198
the president of the senate, and one member also shall be a member 199
of the house of representatives and appointed by the speaker of 200
the house of representatives. With respect to the board, all of 201
the following apply: 202
(1) Not more than four of the members of the board appointed 203
by the governor shall be of the same political party. 204
(2) Each member shall hold office from the date of the 205
member's appointment until the end of the term for which the 206
member was appointed. 207
(3) The terms of office for the seven members appointed by 208
the governor shall be for seven years, commencing on the first day 209
Am. Sub. S. B. No. 5 Page 8
As Passed by the Senate
(8) The governor may, at any time, remove any member 226
appointed by the governor pursuant to section 3.04 of the Revised 227
Code. 228
(10) Six members of the board constitute a quorum and the 234
affirmative vote of six members is necessary for any action taken 235
by the board. 236
(a) The president of the senate or the speaker of the house 241
of representatives, whoever appointed the absent member; 242
(12) The board shall annually elect one of its members as 247
chairperson and another as vice-chairperson. 248
who submits proof of prior service within ninety days after the 270
date of the employee's hiring, shall receive any amount of 271
vacation leave for the period prior to the date of the director's 272
approval of the grant of credit for prior service. 273
(B) Employees granted leave under this section shall forfeit 291
their right to take or to be paid for any vacation leave to their 292
credit which is in excess of the accrual for three years. Any 293
excess leave shall be eliminated from the employees' leave 294
balance. 295
(B) Division (A) of this section and sections 124.15 and 425
124.152 of the Revised Code do not apply to the following persons, 426
positions, offices, and employments: 427
(C) The director may employ a consulting agency to aid and 444
assist the director in carrying out this section. 445
supplement the sick leave, vacation leave, personal leave, and 493
other benefits of any employee of the county department of job and 494
family services of that county, if the employee is eligible for 495
the supplement under a written policy providing for the 496
supplement; 497
(a) The employees for whom the state employment relations 508
board establishes appropriate bargaining units elect no 509
representative in a board-conducted representation election. 510
chapter. 524
(2) Each board of trustees shall adopt rules under section 525
111.15 of the Revised Code to carry out the matters of governance 526
described in division (F)(1) of this section. Until the board of 527
trustees adopts those rules, a state university or college shall 528
continue to operate pursuant to the applicable rules adopted by 529
the director of administrative services under this chapter. 530
financially liable to the state for any loss of federal funds due 586
to the action or inaction of the county personnel department. The 587
costs associated with audits conducted to monitor compliance with 588
division (G)(6)(a) of this section shall be reimbursed to the 589
department of administrative services as determined by the 590
director. All money the department receives for these audits shall 591
be paid into the state treasury to the credit of the human 592
resources fund created in section 124.07 of the Revised Code. 593
(I) The director shall set the rate of compensation for all 620
intermittent, seasonal, temporary, emergency, and casual employees 621
in the service of the state who are not considered public 622
employees under section 4117.01 of the Revised Code. Those 623
employees are not entitled to receive employee benefits. This rate 624
of compensation shall be equitable in terms of the rate of 625
employees serving in the same or similar classifications and shall 626
be based upon merit. This division does not apply to elected 627
officials, legislative employees, employees of the legislative 628
service commission, employees who are in the unclassified civil 629
service and exempt from collective bargaining coverage in the 630
office of the secretary of state, auditor of state, treasurer of 631
state, and attorney general, employees of the courts, employees of 632
the bureau of workers' compensation whose compensation the 633
administrator establishes under division (B) of section 4121.121 634
of the Revised Code, or employees of an appointing authority 635
authorized by law to fix the compensation of those employees. 636
Sec. 124.15. (A) Board and commission members appointed prior 637
to July 1, 1991, shall be paid a salary or wage in accordance with 638
based upon merit within the following schedules of rates ranges: 639
640
Schedule B 641
Pay Ranges and Step Values 642
Range Step 1 Step 2 Step 3 Step 4 643
Minimum Maximum
23 Hourly 5.72 5.91 6.10 6.31 644
Annually 11897.60 12292.80 12688.00 13124.80 645
Step 5 Step 6 646
Hourly 6.52 6.75 647
Am. Sub. S. B. No. 5 Page 22
As Passed by the Senate
Schedule C 727
Pay Range and Values 728
Range Minimum Maximum 729
41 Hourly 10.44 15.72 730
Annually 21715.20 32697.60 731
42 Hourly 11.51 17.35 732
Annually 23940.80 36088.00 733
43 Hourly 12.68 19.12 734
Annually 26374.40 39769.60 735
44 Hourly 13.99 20.87 736
Annually 29099.20 43409.60 737
45 Hourly 15.44 22.80 738
Annually 32115.20 47424.00 739
46 Hourly 17.01 24.90 740
Annually 35380.80 51792.00 741
47 Hourly 18.75 27.18 742
Annually 39000.00 56534.40 743
48 Hourly 20.67 29.69 744
Annually 42993.60 61755.20 745
49 Hourly 22.80 32.06 746
Am. Sub. S. B. No. 5 Page 25
As Passed by the Senate
(D) The salary and wage rates in determined under division 754
(A) of this section or in under section 124.152 of the Revised 755
Code represent base rates of compensation and may be augmented by 756
the provisions of section 124.181 of the Revised Code. In those 757
cases where lodging, meals, laundry, or other personal services 758
are furnished an employee in the service of the state, the actual 759
costs or fair market value of the personal services shall be paid 760
by the employee in such amounts and manner as determined by the 761
director of administrative services and approved by the director 762
of budget and management, and those personal services shall not be 763
considered as a part of the employee's compensation. An appointing 764
authority that appoints employees in the service of the state, 765
with the approval of the director of administrative services and 766
the director of budget and management, may establish payments to 767
employees for uniforms, tools, equipment, and other requirements 768
of the department and payments for the maintenance of them. 769
pay range increase, the director shall assign such employee to the 844
step a salary or wage in the new pay range that will provide an 845
increase of approximately four per cent if the new pay range can 846
accommodate the increase. When an employee is being assigned to a 847
classification or new pay range as the result of a class plan 848
change, if the employee has completed a probationary period, the 849
employee shall be placed in a step no lower than step two of the 850
new pay range. If the employee has not completed a probationary 851
period, the employee may be placed in step one of the new pay 852
range. Such new salary or wage shall become effective on such date 853
as the director determines. 854
Code. 908
appointed at any rate within the appropriate pay range. This rate 939
of pay may be adjusted higher or lower within the respective pay 940
range at any time the appointing authority so desires as long as 941
the adjustment is based on the employee's ability to successfully 942
administer those duties assigned to the employee. Salary 943
adjustments shall not be made more frequently than once in any 944
six-month period under this provision to incumbents holding the 945
same position and classification. 946
(L) The superintendent of the state school for the deaf and 980
the superintendent of the state school for the blind shall, 981
subject to the approval of the superintendent of public 982
instruction, carry out both of the following: 983
(1) Annually, between the first day of April and the last day 984
of June, establish for the ensuing fiscal year a schedule of 985
hourly rates rate ranges for the compensation of each certificated 986
employee on the instructional staff of that superintendent's 987
respective school constructed as follows: 988
(b) Determine which six city, local, and exempted village 996
school districts with territory in Franklin county have in effect 997
on, or have adopted by, the first day of April for the school year 998
that begins on the ensuing first day of July, teacher salary 999
schedules with the highest minimum salaries for a teacher with a 1000
bachelor's degree and no experience; 1001
Am. Sub. S. B. No. 5 Page 33
As Passed by the Senate
(c) Divide the sum of such six highest minimum salaries by 1002
ten thousand five hundred sixty; 1003
(e) One hundred five per cent of each product thus obtained 1007
shall be the hourly rate for the corresponding level of training, 1008
experience, or other professional qualification in the schedule 1009
for the ensuing fiscal year. 1010
Sections 124.13 and 124.19 of the Revised Code do not apply 1030
to an employee who is paid under this division. 1031
Am. Sub. S. B. No. 5 Page 34
As Passed by the Senate
(M) Division (A) of this section does not apply to "exempt 1046
employees," as defined in section 124.152 of the Revised Code, who 1047
are paid under that section. 1048
applicable. 1063
(B) Beginning on the first day of the pay period that 1089
includes July 1, 2008 the effective date of the amendment of this 1090
section by S.B. 5 of the 129th general assembly, each exempt 1091
employee who must be paid in accordance with schedule E-1 or 1092
schedule E-2 of this section shall be paid a salary or wage in 1093
accordance with, based upon merit, within the following schedule 1094
Am. Sub. S. B. No. 5 Page 36
As Passed by the Senate
(C) Beginning on the first day of the pay period that 1156
includes July 1, 2008, each exempt employee who must be paid in 1157
accordance with salary schedule E-1 for step seven only shall be 1158
Am. Sub. S. B. No. 5 Page 38
As Passed by the Senate
director. 1222
purpose. 1254
(4) Each claim for temporary hazard pay shall be submitted as 1313
a separate payment and shall be subject to an administrative audit 1314
by the director as to the extent and duration of the employee's 1315
exposure to the hazardous condition. 1316
Am. Sub. S. B. No. 5 Page 43
As Passed by the Senate
(2) The director shall adopt rules in accordance with Chapter 1500
119. of the Revised Code to establish a system for the assignment 1501
of retention points for each employee in the service of the state 1502
in a classification affected by a layoff and for determining, in 1503
those instances where employees in the service of the state have 1504
identical retention points, which employee shall be laid off 1505
Am. Sub. S. B. No. 5 Page 49
As Passed by the Senate
(2) For purposes of this section, the new employer of any 1517
affected employee shall treat the employee's prior service with a 1518
former employer as if it had been served with the new employer. 1519
(3) A felony under the laws of this or any other state or the 1603
United States that is a crime of moral turpitude; 1604
Within ten days following the date on which the order is 1620
served or, in the case of an employee in the career professional 1621
service of the department of transportation, within ten days 1622
following the filing of a removal order, the employee, except as 1623
otherwise provided in this section, may file an appeal of the 1624
order in writing with the state personnel board of review or the 1625
commission. For purposes of this section, the date on which an 1626
order is served is the date of hand delivery of the order or the 1627
date of delivery of the order by certified United States mail, 1628
whichever occurs first. If an appeal is filed, the board or 1629
commission shall forthwith notify the appointing authority and 1630
Am. Sub. S. B. No. 5 Page 53
As Passed by the Senate
shall hear, or appoint a trial board to hear, the appeal within 1631
thirty days from and after its filing with the board or 1632
commission. The board, commission, or trial board may affirm, 1633
disaffirm, or modify the judgment of the appointing authority. 1634
However, in an appeal of a removal order based upon a violation of 1635
a last chance agreement, the board, commission, or trial board may 1636
only determine if the employee violated the agreement and thus 1637
affirm or disaffirm the judgment of the appointing authority. 1638
(C) In the case of the suspension for any period of time, or 1646
a fine, demotion, or removal, of a chief of police, a chief of a 1647
fire department, or any member of the police or fire department of 1648
a city or civil service township, who is in the classified civil 1649
service, the appointing authority shall furnish the chief or 1650
member with a copy of the order of suspension, fine, demotion, or 1651
removal, which order shall state the reasons for the action. The 1652
order shall be filed with the municipal or civil service township 1653
civil service commission. Within ten days following the filing of 1654
the order, the chief or member may file an appeal, in writing, 1655
with the commission. If an appeal is filed, the commission shall 1656
forthwith notify the appointing authority and shall hear, or 1657
appoint a trial board to hear, the appeal within thirty days from 1658
and after its filing with the commission, and it may affirm, 1659
disaffirm, or modify the judgment of the appointing authority. An 1660
appeal on questions of law and fact may be had from the decision 1661
of the commission to the court of common pleas in the county in 1662
Am. Sub. S. B. No. 5 Page 54
As Passed by the Senate
which the city or civil service township is situated. The appeal 1663
shall be taken within thirty days from the finding of the 1664
commission. 1665
Sec. 124.38. Each of the following shall be entitled for each 1676
completed eighty hours of service to sick leave of four three and 1677
six-tenths one-tenth hours with pay: 1678
(C) Employees of any board of education for whom sick leave 1685
is not provided by section 3319.141 of the Revised Code. 1686
This section does not interfere with existing unused sick 1724
leave credit in any agency of government where attendance records 1725
are maintained and credit has been given employees for unused sick 1726
leave. 1727
sick leave credit accrued by the employee at that time. Such 1786
payment shall be made only once to any employee. The maximum 1787
payment which may be made under this division shall be for 1788
one-fourth of one hundred twenty days. 1789
(3) A policy that may include, but is not limited to, 1867
hospitalization, surgical, major medical, dental, vision, and 1868
medical health care, disability, hearing aids, prescription drugs 1869
benefits, group life, life, sickness, and accident insurance, 1870
group legal services, or a combination of the above benefits for 1871
some or all of the employees paid in accordance with section 1872
124.152 of the Revised Code and for some or all of the employees 1873
listed in divisions (B)(2) and (4) of section 124.14 of the 1874
Revised Code, and their immediate dependents. 1875
(C) If a state employee uses all accumulated sick leave and 1887
then goes on an extended medical disability, the policyholder 1888
shall continue at no cost to the employee the coverage of the 1889
group life insurance for such employee for the period of such 1890
extended leave, but not beyond three years. 1891
employee under the group and appropriate refunds for the number of 1912
full months of unearned premium payment shall be made by the 1913
policyholder. 1914
(E) This section does not affect the conversion rights of an 1915
insured employee when the employee's group insurance terminates 1916
under the policy. 1917
health care, hearing aids, prescription drugs benefits, group life 1944
insurance, sickness and accident insurance, group legal services, 1945
or a combination of the above benefits, for the employees and 1946
their immediate dependents. 1947
(I) A public employer, including the state and any of its 1984
political subdivisions, shall not pay more than eighty-five per 1985
cent of the cost of the provision of health care benefits pursuant 1986
to this section. 1987
(J) As used in this section and section 124.82 of the Revised 1988
Code, "health care benefits" includes hospitalization, surgical, 1989
major medical, dental, vision, and medical care, disability, 1990
hearing aids, prescription drugs, or a combination of these 1991
benefits. 1992
(1) The amount of the premium or cost for such coverage 2017
contributed by the state, for an individual or for an individual 2018
and the individual's family, does not exceed that same amount of 2019
the premium or cost contributed by the state under division (A) of 2020
this section; 2021
(4) The employee may choose participation in only one of the 2030
plans sponsored by the department; 2031
all or any portion of the cost, premium, or charge for the 2039
coverage in divisions (A) and (B) of this section may be paid in 2040
such manner or combination of manners as the department determines 2041
and may include the proration of health care costs, premiums, or 2042
charges for part-time employees. 2043
(E) This section does not prohibit the state office of 2048
collective bargaining from entering into an agreement with an 2049
employee representative for the purposes of providing fringe 2050
benefits, including, but not limited to, hospitalization, surgical 2051
care, major medical care, disability, dental care, vision care, 2052
medical health care, hearing aids, prescription drugs benefits, 2053
group life insurance, sickness and accident insurance, group legal 2054
services or other benefits, or any combination of those benefits, 2055
to employees paid directly by warrant of the director of budget 2056
and management through a jointly administered trust fund. The 2057
employer's contribution for the cost of the benefit care shall be 2058
mutually agreed to in the collectively bargained agreement. The 2059
amount, type, and structure of fringe benefits provided under this 2060
division is subject to the determination of the board of trustees 2061
of the jointly administered trust fund. Any health care benefits 2062
provided through the fund shall be the same as those health care 2063
benefits provided under a contract entered into under division (A) 2064
of section 124.81 of the Revised Code. The director of 2065
administrative services shall make any contract entered into under 2066
that division that provides health care benefits available to the 2067
board of trustees of the jointly administered trust fund. 2068
Notwithstanding any other provision of the Revised Code, 2069
competitive bidding does not apply to the purchase of fringe 2070
Am. Sub. S. B. No. 5 Page 67
As Passed by the Senate
benefits for employees under this division when those benefits are 2071
provided through a jointly administered trust fund. 2072
and commission, and the fiscal officer of each local authority 2101
subject to this chapter, shall deduct from the earnable salary of 2102
each contributor on every payroll of such contributor for each 2103
payroll period subsequent to the date of coverage, an amount equal 2104
to the applicable per cent of the contributor's earnable salary. 2105
The head of each state department and the fiscal officer of each 2106
local authority subject to this chapter shall transmit promptly to 2107
the system a report of contributions at such intervals and in such 2108
form as the system shall require, showing thereon all deductions 2109
for the system made from the earnable salary of each contributor 2110
employed, together with warrants, checks, or electronic payments 2111
covering the total of such deductions. A penalty shall be added 2112
when such report, together with warrants, checks, or electronic 2113
payments to cover the total amount due from the earnable salary of 2114
all amenable employees of such employer, is filed thirty or more 2115
days after the last day of such reporting period. The system, 2116
after making a record of all receipts under this division, shall 2117
deposit the receipts with the treasurer of state for use as 2118
provided by this chapter. 2119
(C) Unless the board adopts a rule under division (D) of this 2120
section, the penalty described in division (B) of this section for 2121
failing to timely transmit a report, pay the total amount due, or 2122
both is as follows: 2123
(1) At least one but not more than ten days past due, an 2124
amount equal to one per cent of the total amount due; 2125
(2) At least eleven but not more than thirty days past due, 2126
an amount equal to two and one-half per cent of the total amount 2127
due; 2128
(3) Thirty-one or more days past due, an amount equal to five 2129
per cent of the total amount due. 2130
(G) Any member who, because of the member's own illness, 2160
injury, or other reason which may be approved by the member's 2161
employer is prevented from making the member's contribution to the 2162
system for any payroll period, may pay such deductions as a back 2163
Am. Sub. S. B. No. 5 Page 70
As Passed by the Senate
(B) Any county transit board that established its own civil 2171
service organization and procedure prior to the effective date of 2172
this amendment October 25, 1995, shall continue to operate under 2173
that organization. Appointments and promotions in that system 2174
shall be made, as far as practicable, by competitive examination. 2175
(3) Issue, with the approval of the county commissioners when 2207
the issuance is made by the transit board, revenue bonds of the 2208
county as provided in division (B) of section 306.09 of the 2209
Revised Code, to secure funds to accomplish its purposes. The 2210
principal of and interest on such bonds, together with all other 2211
payments required to be made by the trust agreement or indenture 2212
securing such bonds, shall be paid solely from revenues or other 2213
income accruing to the board from facilities of the county transit 2214
system designated in said agreement or indenture. 2215
(5) Fix, alter, and charge rates and other charges for the 2219
use of its real estate and interests therein, personal property, 2220
and combinations thereof; 2221
(9) Conduct investigations and surveys into the needs of the 2246
public within or without the county for transportation services to 2247
provide for the movement of persons within, into, or from the area 2248
serviced or to be serviced by the county transit system; 2249
(12) Procure and pay all or any part of the cost of group 2261
hospitalization, surgical, major medical, or sickness and accident 2262
insurance, or a combination thereof, for the officers and 2263
employees of the county transit system and their immediate 2264
dependents, issued by an insurance company, duly authorized to do 2265
business in this state; 2266
(14) Establish rules for the use and operation of the county 2271
transit system including the real estate or interests therein, 2272
personal property or a combination of the foregoing used by or in 2273
connection with such system; 2274
(a) The last annual installment of taxes due from the 2343
acquired property before removal from the tax duplicate; 2344
(i) The total revenue which would be produced by the tax rate 2350
of each such taxing district in the tax year immediately prior to 2351
the removal of the acquired property from the tax duplicate, 2352
Am. Sub. S. B. No. 5 Page 76
As Passed by the Senate
applied to the real estate tax duplicate of each of such taxing 2353
districts in each tax year subsequent to the year of removal; or 2354
(ii) The combined revenue from real estate taxes of all such 2355
taxing districts in each tax year subsequent to the year of 2356
removal, whichever is the greater. 2357
Those annual payments shall never again be made after they 2366
have ceased. 2367
(19) With the approval of the county commissioners when the 2386
action is taken by the transit board, and without competitive 2387
bidding, sell, lease, or grant the right of use of all or a 2388
portion of the county transit system to any other political 2389
subdivision, taxing district, or other public body or agency 2390
having the power to operate a transit system; 2391
(20) Enter into and supervise franchise agreements for the 2392
operation of a county transit system; 2393
(2) Supervise all services provided or contracted for and all 2415
facilities operated or contracted for, and ensure that emergency 2416
medical services are being lawfully administered in conformity 2417
with the Revised Code and the resolution creating the district; 2418
(3) Recommend changes to the board that may increase the 2419
effectiveness of emergency medical services within the district; 2420
(4) Employ persons for all positions authorized by the board 2421
and approve all personnel actions that affect classified 2422
employees; 2423
(5) Approve compensation for employees within the limits set 2424
by the salary schedule and budget established by the board; 2425
Sec. 339.06. (A) The board of county hospital trustees, upon 2442
completion of construction or leasing and equipping of a county 2443
Am. Sub. S. B. No. 5 Page 79
As Passed by the Senate
hospital, shall assume and continue the operation of the hospital. 2444
(B) The board of county hospital trustees shall have the 2445
entire management and control of the county hospital. The board 2446
shall establish such rules for the hospital's government and the 2447
admission of persons as are expedient. 2448
(C) The board of county hospital trustees has control of the 2449
property of the county hospital, including management and disposal 2450
of surplus property other than real estate or an interest in real 2451
estate. 2452
(D) With respect to the use of funds by the board of county 2453
hospital trustees and its accounting for the use of funds, all of 2454
the following apply: 2455
(1) The board of county hospital trustees has control of all 2456
funds used in the county hospital's operation, including moneys 2457
received from the operation of the hospital, moneys appropriated 2458
for its operation by the board of county commissioners, and moneys 2459
resulting from special levies submitted by the board of county 2460
commissioners as provided for in section 5705.22 of the Revised 2461
Code. 2462
(2) Of the funds used in the county hospital's operation, all 2463
or part of any amount determined not to be necessary to meet 2464
current demands on the hospital may be invested by the board of 2465
county hospital trustees or its designee in any classifications of 2466
securities and obligations eligible for deposit or investment of 2467
county moneys pursuant to section 135.35 of the Revised Code, 2468
subject to the approval of the board's written investment policy 2469
by the county investment advisory committee established pursuant 2470
to section 135.341 of the Revised Code. 2471
(3) Annually, not later than sixty days before the end of the 2472
fiscal year used by the county hospital, the board of county 2473
hospital trustees shall submit its proposed budget for the ensuing 2474
Am. Sub. S. B. No. 5 Page 80
As Passed by the Senate
fiscal year to the board of county commissioners for that board's 2475
review. The board of county commissioners shall review and approve 2476
the proposed budget by the first day of the fiscal year to which 2477
the budget applies. If the board of county commissioners has not 2478
approved the budget by the first day of the fiscal year to which 2479
the budget applies, the budget is deemed to have been approved by 2480
the board on the first day of that fiscal year. 2481
(4) The board of county hospital trustees shall not expend 2482
funds received from taxes collected pursuant to any tax levied 2483
under section 5705.22 of the Revised Code or the amount 2484
appropriated to the county hospital by the board of county 2485
commissioners in the annual appropriation measure for the county 2486
until its budget for the applicable fiscal year is approved in 2487
accordance with division (C)(3) of this section. At any time the 2488
amount received from those sources differs from the amount shown 2489
in the approved budget, the board of county commissioners may 2490
require the board of county hospital trustees to revise the county 2491
hospital budget accordingly. 2492
(5) Funds under the control of the board of county hospital 2493
trustees may be disbursed by the board, consistent with the 2494
approved budget, for the uses and purposes of the county hospital; 2495
for the replacement of necessary equipment; for the acquisition, 2496
leasing, or construction of permanent improvements to county 2497
hospital property; or for making a donation authorized by division 2498
(E) of this section. Each disbursement of funds shall be made on a 2499
voucher signed by signatories designated and approved by the board 2500
of county hospital trustees. 2501
board of county hospital trustees desires that the board of county 2507
commissioners make an appropriation to the county hospital for the 2508
ensuing fiscal year. 2509
(8) The board of county hospital trustees shall provide for 2516
the conduct of an annual financial audit of the county hospital. 2517
Not later than thirty days after it receives the final report of 2518
an annual financial audit, the board shall file a copy of the 2519
report with the board of county commissioners. 2520
(E) For the public purpose of improving the health, safety, 2521
and general welfare of the community, the board of county hospital 2522
trustees may donate to a nonprofit entity any of the following: 2523
(a) "Bank" has the same meaning as in section 1101.01 of the 2531
Revised Code. 2532
(b) "Savings and loan association" has the same meaning as in 2533
section 1151.01 of the Revised Code. 2534
(c) "Savings bank" has the same meaning as in section 1161.01 2535
of the Revised Code. 2536
Am. Sub. S. B. No. 5 Page 82
As Passed by the Senate
(2) The board of county hospital trustees may enter into a 2537
contract for a secured line of credit with a bank, savings and 2538
loan association, or savings bank if the contract meets all of the 2539
following requirements: 2540
(a) The term of the contract does not exceed one year, except 2541
that the contract may provide for the automatic renewal of the 2542
contract for up to four additional one-year periods if, on the 2543
date of automatic renewal, the aggregate outstanding draws 2544
remaining unpaid under the secured line of credit do not exceed 2545
fifty per cent of the maximum amount that can be drawn under the 2546
secured line of credit. 2547
(b) The contract provides that the bank, savings and loan 2548
association, or savings bank shall not commence a civil action 2549
against the board of county commissioners, any member of the 2550
board, or the county to recover the principal, interest, or any 2551
charges or other amounts that remain outstanding on the secured 2552
line of credit at the time of any default by the board of county 2553
hospital trustees. 2554
(c) The contract provides that no assets other than those of 2555
the county hospital can be used to secure the line of credit. 2556
(d) The terms and conditions of the contract comply with all 2557
state and federal statutes and rules governing the extension of a 2558
secured line of credit. 2559
(H) The board of county hospital trustees may designate the 2579
amounts and forms of insurance protection to be provided, and the 2580
board of county commissioners shall assist in obtaining such 2581
protection. The expense of providing the protection shall be paid 2582
from hospital operating funds. 2583
(1) The board shall adopt the wage and salary schedule for 2598
Am. Sub. S. B. No. 5 Page 84
As Passed by the Senate
employees. 2599
(a) Additional vacation leave with full pay for full-time 2619
employees, including full-time hourly rate employees, after 2620
service of one year; 2621
(b) Vacation leave and holiday pay for part-time employees on 2622
a pro rata basis; 2623
(c) Leave with full pay due to death in the employee's 2624
immediate family, which shall not be deducted from the employee's 2625
accumulated sick leave; 2626
(6) The board may provide holiday leave by observing Martin 2631
Luther King day, Washington-Lincoln day, Columbus day, and 2632
Veterans' day on days other than those specified in section 1.14 2633
of the Revised Code. 2634
(7) The board may grant to employees the insurance benefits 2635
authorized by section 339.16 of the Revised Code. 2636
(9) The board may provide employee recognition awards and 2641
hold employee recognition dinners. 2642
(10) The board may grant to employees the recruitment and 2643
retention benefits specified under division (K)(L) of this 2644
section. 2645
Sec. 339.07. (A) The board of county hospital trustees shall 2664
provide for the administration of the county hospital by directly 2665
employing a hospital administrator or by entering into a contract 2666
for the management of the hospital under which an administrator is 2667
provided. When an administrator is employed directly, the board 2668
shall adopt a job description delineating the administrator's 2669
powers and duties and the board may pay the administrator's salary 2670
and other benefits from funds provided for the hospital. 2671
The administrator shall ensure that the hospital has such 2685
physicians, nurses, and other employees as are necessary for the 2686
proper care, control, and management of the county hospital and 2687
its patients. The physicians, nurses, and other employees may be 2688
Am. Sub. S. B. No. 5 Page 87
As Passed by the Senate
(E)(5) Employ and remove from office such employees and 2717
consultants in the classified civil service and, subject to the 2718
Am. Sub. S. B. No. 5 Page 88
As Passed by the Senate
approval of the board, employ and remove from office such other 2719
employees and consultants as may be necessary for the work of the 2720
board, and fix their compensation and reimbursement within the 2721
limits set by the salary schedule and the budget approved by the 2722
board; 2723
Sec. 505.38. (A) In each township or fire district that has a 2747
fire department, the head of the department shall be a fire chief, 2748
Am. Sub. S. B. No. 5 Page 89
As Passed by the Senate
(1) Within one year of the appointment, the person has 2778
received a certificate issued under former section 3303.07 of the 2779
Revised Code or section 4765.55 of the Revised Code evidencing 2780
Am. Sub. S. B. No. 5 Page 90
As Passed by the Senate
(B) In each township not having a fire department, the board 2805
of township trustees shall appoint a fire prevention officer who 2806
shall exercise all of the duties of a fire chief except those 2807
involving the maintenance and operation of fire apparatus. The 2808
board may appoint one or more deputy fire prevention officers who 2809
shall exercise the duties assigned by the fire prevention officer. 2810
The board may fix the compensation for the fire prevention 2811
officer and the fire prevention officer's deputies as it considers 2812
Am. Sub. S. B. No. 5 Page 91
As Passed by the Senate
best. The board shall appoint each fire prevention officer and 2813
deputy for a one-year term. An appointee may be reappointed at the 2814
end of a term to another one-year term. Any appointee may be 2815
removed from office during a term as provided by sections 733.35 2816
to 733.39 of the Revised Code. Section 505.45 of the Revised Code 2817
extends to those officers. 2818
(C)(1) Division (A) of this section does not apply to any 2819
township that has a population of ten thousand or more persons 2820
residing within the township and outside of any municipal 2821
corporation, that has its own fire department employing ten or 2822
more full-time paid employees, and that has a civil service 2823
commission established under division (B) of section 124.40 of the 2824
Revised Code. The township shall comply with the procedures for 2825
the employment, promotion, and discharge of firefighters provided 2826
by Chapter 124. of the Revised Code, except as otherwise provided 2827
in divisions (C)(2) and (3) of this section. 2828
(4) The board of township trustees shall determine the number 2844
Am. Sub. S. B. No. 5 Page 92
As Passed by the Senate
Sec. 505.49. (A) As used in this section, "felony" has the 2865
same meaning as in section 109.511 of the Revised Code. 2866
(4) The board of township trustees shall determine the number 2936
of personnel required and establish salary schedules and 2937
conditions of employment not in conflict with Chapter 124. of the 2938
Revised Code. The board, when establishing a salary schedule under 2939
this division, shall require and use merit as the only basis for 2940
Am. Sub. S. B. No. 5 Page 95
As Passed by the Senate
that chief of police, patrol officer, or other peace officer under 2972
section 109.77 of the Revised Code. 2973
(3) Division (D) of this section does not apply regarding an 3000
offense that was committed prior to January 1, 1997. 3001
(E) The board of township trustees may enter into a contract 3006
under section 505.43 or 505.50 of the Revised Code to obtain all 3007
police protection for the township police district from one or 3008
more municipal corporations, county sheriffs, or other townships. 3009
If the board enters into such a contract, subject to division (D) 3010
of this section, it may, but is not required to, appoint a police 3011
chief for the district. 3012
(B) The board may also provide coverage for any or all of the 3046
benefits described in division (A) of this section by entering 3047
into a contract for group health care services with health 3048
insuring corporations holding certificates of authority under 3049
Chapter 1751. of the Revised Code for township officers and 3050
employees and their immediate dependents. If the board so 3051
contracts, it shall provide uniform coverage under any such 3052
contracts for township officers and full-time township employees 3053
and their immediate dependents, from the funds or budgets from 3054
which the officers or employees are compensated for services, and 3055
may provide coverage under such contracts for part-time township 3056
employees and their immediate dependents, from the funds or 3057
budgets from which the officers or employees are compensated for 3058
services, provided that each officer and employee so covered is 3059
permitted to: 3060
(2) Change the choice made under this division at a time each 3066
Am. Sub. S. B. No. 5 Page 99
As Passed by the Senate
(C) Any township officer or employee may refuse to accept any 3076
coverage authorized by this section without affecting the 3077
availability of such coverage to other township officers and 3078
employees. 3079
(E) The board may provide the benefits authorized under this 3091
section, without competitive bidding, by contributing to a health 3092
and welfare trust fund administered through or in conjunction with 3093
a collective bargaining representative of the township employees 3094
in the same manner as described in division (G) of section 124.81 3095
of the Revised Code. 3096
The board may also provide the benefits described in this 3097
Am. Sub. S. B. No. 5 Page 100
As Passed by the Senate
(2) "Premium" does not include any deductible or health care 3114
costs paid directly by a township officer or employee. 3115
(D) Are able to qualify for membership in the Ohio police and 3139
fire pension fund. 3140
complete discharge and acquittance of all claims and demands for 3190
the services rendered by the employee during the period covered by 3191
such payment. 3192
(1) The board may adopt the wage and salary schedule for 3198
employees. If the board establishes a salary schedule, the board 3199
shall require merit to be the only basis for an employee's 3200
progression through the schedule. 3201
(4) The board may enter into a contract with an employer or 3210
other entity whereby the services of any employee of the board or 3211
hospital are rendered to or on behalf of the employer or other 3212
entity for a fee paid to the board or hospital. 3213
(5) The board may grant to employees any fringe benefits the 3214
board determines to be customary and usual in the nonprofit 3215
hospital field in the community, including the following: 3216
(a) Additional vacation leave with full pay for full-time 3217
employees, including hourly rate employees, after service of one 3218
year; 3219
Am. Sub. S. B. No. 5 Page 104
As Passed by the Senate
(b) Vacation leave and holiday pay for part-time employees on 3220
a pro rata basis; 3221
(c) Leave with full pay, which shall not be deducted from the 3222
employee's accumulated sick leave, due to death in the employee's 3223
immediate family; 3224
(6) The board may provide holiday leave by observing Martin 3229
Luther King day, Washington-Lincoln day, Columbus day, and 3230
Veterans' day on days other than those specified in section 1.14 3231
of the Revised Code. 3232
(7) The board may grant to employees the insurance benefits 3233
authorized by division (B) of this section. 3234
(8) The board may provide employee recognition awards and may 3235
hold employee recognition dinners. 3236
(9) The board may provide scholarships for education in the 3237
health care professions, tuition reimbursement, and other staff 3238
development programs for the purpose of recruiting or retaining 3239
qualified employees. 3240
(10) The board may pay reasonable expenses for recruiting 3241
physicians into the city or for retaining them if all or part of 3242
the city has been designated as an area with a shortage of 3243
personal health services under the "Health Maintenance 3244
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as 3245
amended. 3246
(3) All or any portion of the cost, premium, fees, or charges 3266
for the insurance benefits specified in divisions (B)(1) and (2) 3267
of this section may be paid in such manner or combination of 3268
manners as the board may determine, including direct payment by an 3269
employee, and, if authorized in writing by an employee, by the 3270
board with moneys made available by deduction from or reduction in 3271
salary or wages or by the foregoing of a salary or wage increase. 3272
(C) The board with the approval of the legislative authority 3279
may retain counsel to bring actions for the collection of 3280
Am. Sub. S. B. No. 5 Page 106
As Passed by the Senate
The administrator shall ensure that the hospital has such 3302
physicians, nurses, and other employees as are necessary for the 3303
proper care, control, and management of the hospital and its 3304
patients. The physicians, nurses, and other employees may be 3305
suspended or removed by the administrator at any time the welfare 3306
of the hospital warrants suspension or removal. The administrator 3307
may obtain physicians, nurses, and other employees by direct 3308
employment, entering into contracts, or granting authority to 3309
practice in the hospital. If the board delegates to the 3310
administrator the authority to fix employee compensation in 3311
Am. Sub. S. B. No. 5 Page 107
As Passed by the Senate
accordance with the wage and salary schedule established by the 3312
board under section 749.082 of the Revised Code, the administrator 3313
shall use merit as the only basis for an employee's progression 3314
through that schedule. 3315
(2) Phyto sanitary certificates, one hundred dollars for all 3341
Am. Sub. S. B. No. 5 Page 108
As Passed by the Senate
others; 3342
The director may adopt rules under section 927.52 of the 3350
Revised Code that define the certificates, agreements, and 3351
inspections. 3352
The fees shall be credited to the plant pest program fund 3353
created in section 927.54 of the Revised Code. 3354
The board may procure and pay all or any part of the cost of 3365
group life insurance to insure the lives of park district 3366
employees. 3367
The board also may contract for group health care services 3368
with health insuring corporations holding a certificate of 3369
authority under Chapter 1751. of the Revised Code provided that 3370
each officer or employee is permitted to: 3371
Am. Sub. S. B. No. 5 Page 109
As Passed by the Senate
(B) Change the choice made under division (A) of this section 3377
at a time each year as determined in advance by the board. 3378
The board may provide the benefits authorized in this section 3391
by contributing to a health and welfare trust fund administered 3392
through or in conjunction with a collective bargaining 3393
representative of the park district employees in the same manner 3394
as described in division (G) of section 124.81 of the Revised 3395
Code. 3396
The board may provide the benefits described in this section 3397
through an individual self-insurance program or a joint 3398
self-insurance program as provided in section 9.833 of the Revised 3399
Code. 3400
calculate the amounts payable to each school district and shall 3403
certify the amounts payable to each eligible district to the 3404
treasurer of the district as determined under this chapter. As 3405
soon as possible after such amounts are calculated, the 3406
superintendent shall certify to the treasurer of each school 3407
district the district's adjusted charge-off increase, as defined 3408
in section 5705.211 of the Revised Code. No moneys shall be 3409
distributed pursuant to this chapter without the approval of the 3410
controlling board. 3411
Not later than the thirty-first day of August of each fiscal 3425
year, the department of education shall provide to each school 3426
district a preliminary estimate of the amount of funding that the 3427
department calculates the district will receive under section 3428
3306.13 of the Revised Code. Not later than the first day of 3429
December of each fiscal year, the department shall update that 3430
preliminary estimate. 3431
first day of July and extending through the thirtieth day of June. 3434
Unless otherwise provided, the moneys appropriated for each fiscal 3435
year shall be distributed at least monthly to each school 3436
district. The state board shall submit a yearly distribution plan 3437
to the controlling board at its first meeting in July. The state 3438
board shall submit any proposed midyear revision of the plan to 3439
the controlling board in January. Any year-end revision of the 3440
plan shall be submitted to the controlling board in June. If 3441
moneys appropriated for each fiscal year are distributed other 3442
than monthly, such distribution shall be on the same basis for 3443
each school district. 3444
The total amounts paid each month shall constitute, as nearly 3445
as possible, one-twelfth of the total amount payable for the 3446
entire year. 3447
(1) Each city, exempted village, and local school district 3457
shall levy for current operating expenses at least twenty mills. 3458
Levies for joint vocational or cooperative education school 3459
districts or county school financing districts, limited to or to 3460
the extent apportioned to current expenses, shall be included in 3461
this qualification requirement. School district income tax levies 3462
under Chapter 5748. of the Revised Code, limited to or to the 3463
extent apportioned to current operating expenses, shall be 3464
included in this qualification requirement to the extent 3465
Am. Sub. S. B. No. 5 Page 112
As Passed by the Senate
(2) Each city, exempted village, local, and joint vocational 3468
school district, during the school year next preceding the fiscal 3469
year for which payments are calculated under this chapter, shall 3470
meet the requirement of section 3313.48 or 3313.481 of the Revised 3471
Code, with regard to the minimum number of days or hours school 3472
must be open for instruction with pupils in attendance, for 3473
individualized parent-teacher conference and reporting periods, 3474
and for professional meetings of teachers. The superintendent of 3475
public instruction shall waive a number of days in accordance with 3476
section 3317.01 of the Revised Code on which it had been necessary 3477
for a school to be closed because of disease epidemic, hazardous 3478
weather conditions, inoperability of school buses or other 3479
equipment necessary to the school's operation, damage to a school 3480
building, or other temporary circumstances due to utility failure 3481
rendering the school building unfit for school use. 3482
succeeding the initiation of the plan, and for each school year 3498
thereafter. 3499
(3) Each city, exempted village, local, and joint vocational 3506
school district shall have on file, and shall pay in accordance 3507
with, a teachers' salary schedule which complies with salaries 3508
based upon performance as required under section 3317.13 of the 3509
Revised Code. 3510
(D) On or before the last day of each month, the department 3531
of education shall certify to the director of budget and 3532
management for payment, for each county: 3533
(b) The amounts deducted from such allocation under sections 3539
3307.31 and 3309.51 of the Revised Code for payment directly to 3540
the school employees and state teachers retirement systems under 3541
such sections. 3542
(C) If the absence or leave begins and ends in the same year, 3575
the member may purchase credit for the absence or leave by having 3576
the employer deduct and transmit to the system from payrolls in 3577
that year employee contributions on the amount certified by the 3578
employer as the compensation the member would have received had 3579
the member remained employed in the position held when the absence 3580
or leave commenced. The deductions may be made even though the 3581
minimum compensation provided by law for the member is reduced 3582
thereby, unless the amount to be deducted exceeds the compensation 3583
to be paid the member from the time deductions begin until the end 3584
of the year, in which case credit may not be purchased under this 3585
division. The employer shall pay the system the employer 3586
contributions on the compensation amount certified under this 3587
division. Employee and employer contributions shall be made at the 3588
rates in effect at the time the absence or leave occurred. If the 3589
employee or employer rates in effect change during the absence or 3590
Am. Sub. S. B. No. 5 Page 116
As Passed by the Senate
leave, the contributions for each month of the absence or leave 3591
shall be made at the rate in effect for that month. 3592
(E) After two years following the last day of the year in 3608
which an absence or leave terminated, a member may purchase credit 3609
for the absence or leave by paying the employer, and the employer 3610
transmitting to the system, the sum of the following for each year 3611
of credit purchased: 3612
section for the period commencing two years following the last day 3623
of the year in which the absence or leave terminated and ending on 3624
the date of payment; 3625
The employer shall pay to the system for each year of credit 3631
purchased under this division an amount determined by multiplying 3632
the employer contribution rate in effect at the time the absence 3633
or leave commenced by the member's annual compensation for the 3634
member's last full year of service prior to the commencement of 3635
the absence or leave, or, if the member has not had a full year of 3636
service, the compensation the member would have received for the 3637
year the absence or leave commenced had the member continued in 3638
service for a full year. 3639
(G) The state teachers retirement board may adopt rules to 3646
implement this section. 3647
Each contributor shall pay with the first payment to the 3693
employees' savings fund each year a sum to be determined by the 3694
board, as provided by law, which amount shall be credited to the 3695
expense fund. The payments for the expense fund shall be made to 3696
the board in the same way as payments to the employees' savings 3697
fund are made. 3698
and shall be subject to all the provisions of law that apply to a 3781
city school district, except such provisions in this chapter and 3782
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code. 3783
training program, provided that such compensation shall not exceed 3844
sixty dollars a day for attendance at a training program three 3845
hours or fewer in length and one hundred twenty-five dollars a day 3846
for attendance at a training program longer than three hours in 3847
length. 3848
(1) "Health care plan" means any of the following types of 3850
insurance or coverage, or a combination of any of the following 3851
types of insurance or coverage, whether issued by an insurance 3852
company or a health insuring corporation duly licensed by this 3853
state: 3854
(c) The dependent children and spouses of employees for whom 3877
coverage is procured. 3878
(2) Any health care plan that a board of education procures 3879
under division (B)(1) of this section shall include best practices 3880
prescribed by the school employees health care board under section 3881
9.901 of the Revised Code. 3882
of the benefits shall certify to the board the provider's charge 3903
for coverage under each option available to employees under that 3904
plan, and the member shall pay all premiums to the school district 3905
the amount certified for that coverage. Payments for such coverage 3906
shall be made, in advance, in a manner prescribed by the school 3907
employees health care board. The member's exercise of an option to 3908
be covered under this section shall be in writing, announced at a 3909
regular public meeting of the board of education, and recorded as 3910
a public record in the minutes of the board. 3911
(C) The board may establish vacation leave for its treasurer 3969
in accordance with the general leave policy the board adopts 3970
pursuant to section 3319.141 of the Revised Code. Upon the 3971
treasurer's separation from employment, the board may provide 3972
compensation at the treasurer's current rate of pay for all 3973
lawfully accrued and unused vacation leave to the treasurer's 3974
credit at the time of separation, not to exceed the amount accrued 3975
during the three years before the date of separation. In case of 3976
the death of a treasurer, unused vacation leave that the board 3977
would have paid to the treasurer upon separation shall be paid in 3978
accordance with section 2113.04 of the Revised Code or to the 3979
treasurer's estate. 3980
(3) The member files with the school district treasurer an 3997
affidavit stating the member's exact employment status with the 3998
political subdivision, instrumentality, or agency contracting with 3999
the board. 4000
(D) This section does not apply where a member of the board, 4001
being a shareholder of a corporation but not being an officer or 4002
director thereof, owns not in excess of five per cent of the stock 4003
of such corporation. If a stockholder desires to avail self of the 4004
exception, before entering upon such contract such person shall 4005
first file with the treasurer an affidavit stating the 4006
stockholder's exact status and connection with said corporation. 4007
This section does not apply where a member of the board 4008
elects to be covered by a health care plan under division (C) of 4009
section 3313.202 of the Revised Code. 4010
In carrying out this section the school district shall pay 4026
Am. Sub. S. B. No. 5 Page 130
As Passed by the Senate
(B) In any school district that has entered into an agreement 4031
under division (A) of this section, the state minimum teacher 4032
salary requirements prescribed by section 3317.13 of the Revised 4033
Code do not apply if the total expenditures by the school district 4034
for teacher salaries in any school year equals or exceeds the 4035
total minimum expenditures that would have been required in that 4036
year if such minimum teacher salary requirements did apply. 4037
(a) That that all the employees of the community school who 4110
are subject to that agreement be removed from the bargaining unit 4111
that is subject to that agreement and be designated by the state 4112
employment relations board as a new and separate bargaining unit 4113
for purposes of Chapter 4117. of the Revised Code; 4114
(a) That all the employees of the community school who are 4137
subject to that agreement be removed from the bargaining unit that 4138
is subject to that agreement; 4139
(9) To make and enter into all contracts and agreements 4271
necessary or incidental to the performance of its duties and the 4272
exercise of its powers under this chapter; 4273
(B) During the fiscal emergency period, the commission shall, 4313
in addition to other powers: 4314
(a) Review and determine the adequacy of all revenues to meet 4320
all expenditures for such fiscal year; 4321
(d) Not later than sixty days after taking office or after 4328
receiving the appropriation measure for the next fiscal year, 4329
issue a public report regarding its review pursuant to division 4330
(B)(1) of this section. 4331
(E) Annually on or before the first day of April during the 4353
fiscal emergency period, the commission shall make reports and 4354
recommendations to the speaker of the house of representatives and 4355
the president of the senate concerning progress of the school 4356
district to eliminate fiscal emergency conditions, failures of the 4357
school district to comply with this chapter, and recommendations 4358
for further actions to attain the objectives of this chapter, 4359
including any legislative action needed to make provisions of law 4360
more effective for their purposes, or to enhance revenue raising 4361
or financing capabilities of school districts. The commission may 4362
make such interim reports as it considers appropriate for such 4363
purposes and shall make such additional reports as may be 4364
requested by either house of the general assembly. 4365
(A) The school district, except for any educational service 4400
center and any joint vocational or cooperative education school 4401
district, levies for current operating expenses at least twenty 4402
mills. Levies for joint vocational or cooperative education school 4403
districts or county school financing districts, limited to or to 4404
the extent apportioned to current expenses, shall be included in 4405
Am. Sub. S. B. No. 5 Page 142
As Passed by the Senate
(B) The school year next preceding the fiscal year for which 4412
such payments are authorized meets the requirement of section 4413
3313.48 or 3313.481 of the Revised Code, with regard to the 4414
minimum number of days or hours school must be open for 4415
instruction with pupils in attendance, for individualized 4416
parent-teacher conference and reporting periods, and for 4417
professional meetings of teachers. This requirement shall be 4418
waived by the superintendent of public instruction if it had been 4419
necessary for a school to be closed because of disease epidemic, 4420
hazardous weather conditions, inoperability of school buses or 4421
other equipment necessary to the school's operation, damage to a 4422
school building, or other temporary circumstances due to utility 4423
failure rendering the school building unfit for school use, 4424
provided that for those school districts operating pursuant to 4425
section 3313.48 of the Revised Code the number of days the school 4426
was actually open for instruction with pupils in attendance and 4427
for individualized parent-teacher conference and reporting periods 4428
is not less than one hundred seventy-five, or for those school 4429
districts operating on a trimester plan the number of days the 4430
school was actually open for instruction with pupils in attendance 4431
not less than seventy-nine days in any trimester, for those school 4432
districts operating on a quarterly plan the number of days the 4433
school was actually open for instruction with pupils in attendance 4434
not less than fifty-nine days in any quarter, or for those school 4435
districts operating on a pentamester plan the number of days the 4436
school was actually open for instruction with pupils in attendance 4437
not less than forty-four days in any pentamester. However, for 4438
Am. Sub. S. B. No. 5 Page 143
As Passed by the Senate
fiscal year 2012, the superintendent shall waive two fewer such 4439
days for the 2010-2011 school year. 4440
(C) The tax commissioner shall report data regarding tax 4485
valuation and receipts for school districts as prescribed by 4486
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, 4487
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of 4488
section 3317.02 of the Revised Code, which data the department 4489
shall use to make payments under Chapters 3306. and 3317. of the 4490
Revised Code. 4491
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal 4531
years after fiscal year 2009. 4532
(F) This section does not affect the provisions of sections 4533
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, 4534
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15, 4535
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised 4536
Code. 4537
(2) "Service center ADM" means the sum of the total student 4543
counts of all local school districts within an educational service 4544
center's territory and all of the service center's client school 4545
districts. 4546
(4) "Total student count" has the same meaning as in section 4550
3301.011 of the Revised Code. 4551
(B)(2) of this section, the supervisory services shall not exceed 4559
one supervisory teacher for the first fifty classroom teachers 4560
required to be employed in the districts, as calculated under 4561
section 3317.023 of the Revised Code, and one for each additional 4562
one hundred required classroom teachers, as so calculated. 4563
(3) The department shall apportion the total cost for all 4593
supervisory units among the service center's local and client 4594
school districts based on each district's total student count. The 4595
department shall deduct each district's apportioned share pursuant 4596
to division (E) of section 3317.023 of the Revised Code and pay 4597
the apportioned share to the service center. 4598
(C) The department annually shall deduct from each local and 4599
client school district of each educational service center, 4600
pursuant to division (E) of section 3317.023 of the Revised Code, 4601
and pay to the service center an amount equal to six dollars and 4602
fifty cents times the school district's total student count. The 4603
board of education, or the superintendent acting on behalf of the 4604
board, of any local or client school district may agree to pay an 4605
amount in excess of six dollars and fifty cents per student in 4606
total student count. If a majority of the boards of education, or 4607
superintendents acting on behalf of the boards, of the local 4608
school districts within a service center's territory approve an 4609
amount in excess of six dollars and fifty cents per student in 4610
total student count, the department shall deduct the approved 4611
excess per student amount from all of the local school districts 4612
within the service center's territory and pay the excess amount to 4613
the service center. 4614
(D) The department shall pay each educational service center 4615
the amounts due to it from school districts pursuant to contracts, 4616
compacts, or agreements under which the service center furnishes 4617
services to the districts or their students. In order to receive 4618
payment under this division, an educational service center shall 4619
furnish either a copy of the contract, compact, or agreement 4620
clearly indicating the amounts of the payments, or a written 4621
Am. Sub. S. B. No. 5 Page 149
As Passed by the Senate
statement that clearly indicates the payments owed and is signed 4622
by the superintendent or treasurer of the responsible school 4623
district. The amounts paid to service centers under this division 4624
shall be deducted from payments to school districts pursuant to 4625
division (K)(3) of section 3317.023 of the Revised Code. 4626
(E) Each school district's deduction under this section and 4627
divisions (E) and (K)(3) of section 3317.023 of the Revised Code 4628
shall be made from the total payment computed for the district 4629
under this chapter, after making any other adjustments in that 4630
payment required by law. 4631
(2) The department annually shall pay state funds equal to 4636
forty dollars and fifty-two cents times the service center ADM to 4637
each educational service center comprising territory that was 4638
included in the territory of at least three former service centers 4639
or county school districts, which former centers or districts 4640
engaged in one or more mergers under section 3311.053 of the 4641
Revised Code to form the present center. 4642
(H) The department annually shall pay the governing board of 4653
each educational service center that has entered into a contract 4654
with a STEM school for the provision of services described in 4655
division (B) of section 3326.45 of the Revised Code state funds 4656
equal to the per-pupil amount specified in the contract for the 4657
provision of those services times the number of students enrolled 4658
in the STEM school. 4659
(3) May apply for and receive gifted education units and 4667
provide gifted education services to students in its local or 4668
client school districts; 4669
(4) May conduct driver education for high school students in 4670
accordance with Chapter 4508. of the Revised Code. 4671
Sec. 3317.13. (A) As used in this section and section 3317.14 4672
of the Revised Code: 4673
(a) All years of teaching service in the same school district 4675
or educational service center, regardless of training level, with 4676
each year consisting of at least one hundred twenty days under a 4677
teacher's contract; 4678
(d) All years of active military service in the armed forces 4692
of the United States, as defined in section 3307.75 of the Revised 4693
Code, to a maximum of five years. For purposes of this 4694
calculation, a partial year of active military service of eight 4695
continuous months or more in the armed forces shall be counted as 4696
a full year. 4697
(B) No Each teacher shall be paid a salary less than that 4703
provided in the schedule set forth in division (C) of this 4704
section. In calculating the minimum salary any teacher shall be 4705
paid pursuant to this section, years of service shall include the 4706
sum of all years of the teacher's teaching service included in 4707
divisions (A)(1)(a), (b), (c), and (d) of this section; except 4708
that any school district or educational service center employing a 4709
teacher new to the district or educational service center shall 4710
grant such teacher a total of not more than ten years of service 4711
pursuant to divisions (A)(1)(b), (c), and (d) of this section. 4712
(2) "Five years of training" means at least one hundred fifty 4770
semester hours, or the equivalent, and a bachelor's degree from a 4771
recognized college or university. 4772
(D) For purposes of this section, all credited training shall 4773
be from a recognized college or university based upon performance 4774
as described in section 3317.13 of the Revised Code. 4775
(1) The level of license issued under section 3319.22 of the 4778
Revised Code that the teacher holds; 4779
(3) The value-added measure the board uses to determine the 4782
performance of the students assigned to the teacher's classroom; 4783
A board may at any regular or special meeting held during the 4817
period beginning on the first day of January of the calendar year 4818
immediately preceding the year the contract of employment of a 4819
superintendent expires and ending on the first day of March of the 4820
year it expires, reemploy such superintendent for a succeeding 4821
term for not longer than five years, beginning on the first day of 4822
August immediately following the expiration of the 4823
superintendent's current term of employment and ending on the 4824
thirty-first day of July of the year in which such succeeding term 4825
expires. No person shall be appointed to the office of 4826
superintendent of a city, or exempted village school district or a 4827
service center who does not hold a license designated for being a 4828
superintendent issued under section 3319.22 of the Revised Code, 4829
unless such person had been employed as a county, city, or 4830
exempted village superintendent prior to August 1, 1939. No person 4831
shall be appointed to the office of local superintendent who does 4832
not hold a license designated for being a superintendent issued 4833
under section 3319.22 of the Revised Code, unless such person held 4834
or was qualified to hold the position of executive head of a local 4835
school district on September 16, 1957. At the time of making such 4836
appointment or designation of term, such board shall fix the 4837
compensation of the superintendent, which may be increased or 4838
decreased during such term, provided such decrease is a part of a 4839
Am. Sub. S. B. No. 5 Page 156
As Passed by the Senate
Each board shall adopt procedures for the evaluation of its 4843
superintendent and shall evaluate its superintendent in accordance 4844
with those procedures. An evaluation based upon such procedures 4845
shall be considered by the board in deciding whether to renew the 4846
superintendent's contract. The establishment of an evaluation 4847
procedure shall not create an expectancy of continued employment. 4848
Nothing in this section shall prevent a board from making the 4849
final determination regarding the renewal or failure to renew of a 4850
superintendent's contract. 4851
a board hearing under section 3319.16 of the Revised Code. The 4903
superintendent pro tempore shall perform all of the duties and 4904
functions of the superintendent and shall serve until the board by 4905
majority vote determines the superintendent's incapacity is 4906
removed or until the expiration of the superintendent's contract 4907
or term of office, whichever is sooner. The superintendent pro 4908
tempore may be removed at any time for cause by a two-thirds vote 4909
of the members of the board. The board shall fix the compensation 4910
of the superintendent pro tempore in accordance with section 4911
3319.01 of the Revised Code. 4912
(b) Any nonlicensed employee whose job duties enable such 4923
employee to be considered as either a "supervisor" or a 4924
"management level employee," as defined in section 4117.01 of the 4925
Revised Code; 4926
(B) The board of education of each school district and the 4932
Am. Sub. S. B. No. 5 Page 159
As Passed by the Senate
administrator for three years or more may be one year, but all 4965
subsequent contracts granted such person shall be for a term of 4966
not less than two years and not more than five years. When a 4967
teacher with continuing service status becomes an assistant 4968
superintendent, principal, assistant principal, or other 4969
administrator with the district or service center with which the 4970
teacher holds continuing service status, the teacher retains such 4971
status in the teacher's nonadministrative position as provided in 4972
sections 3319.08 and 3319.09 of the Revised Code. 4973
(D)(1) Each board shall adopt procedures for the evaluation 5012
of all assistant superintendents, principals, assistant 5013
principals, and other administrators and shall evaluate such 5014
employees in accordance with those procedures. The evaluation 5015
based upon such procedures shall be considered by the board in 5016
deciding whether to renew the contract of employment of an 5017
assistant superintendent, principal, assistant principal, or other 5018
administrator. 5019
or designee. 5029
the board. Upon request by such an employee, the board shall grant 5060
the employee a meeting in executive session. In that meeting, the 5061
board shall discuss its reasons for considering renewal or 5062
nonrenewal of the contract. The employee shall be permitted to 5063
have a representative, chosen by the employee, present at the 5064
meeting. 5065
suspended for the remainder of the term of any such contract 5092
pursuant to section 3319.17 or 3319.171 of the Revised Code. 5093
(F) A board may establish vacation leave for any individuals 5094
employed under this section in accordance with the general leave 5095
policy the board adopts pursuant to section 3319.141 of the 5096
Revised Code. Upon such an individual's separation from 5097
employment, a board that has such leave may compensate such an 5098
individual at the individual's current rate of pay for all 5099
lawfully accrued and unused vacation leave credited at the time of 5100
separation, not to exceed the amount accrued within three years 5101
before the date of separation. In case of the death of an 5102
individual employed under this section, such unused vacation leave 5103
as the board would have paid to the individual upon separation 5104
under this section shall be paid in accordance with section 5105
2113.04 of the Revised Code, or to the estate. 5106
be worked, the number of days of vacation leave, if any, that the 5123
internal auditor receives under the general leave policy the board 5124
adopts pursuant to section 3319.141 of the Revised Code; and any 5125
paid holidays in the contractual year. The salary and other 5126
compensation prescribed by the contract may be increased by the 5127
board during the term of the contract but shall not be reduced 5128
during that term unless such reduction is part of a uniform plan 5129
affecting employees of the entire district. The term of the 5130
initial contract shall not exceed three years. Any renewal of the 5131
contract shall be for a term of not less than two years and not 5132
more than five years. 5133
(C) Each board that employs an internal auditor shall adopt 5145
procedures for the evaluation of the internal auditor and shall 5146
evaluate the internal auditor in accordance with those procedures. 5147
The evaluation based upon the procedures shall be considered by 5148
the board in deciding whether to renew the internal auditor's 5149
contract of employment. The establishment of an evaluation 5150
procedure shall not create an expectancy of continued employment. 5151
Nothing in this section shall prevent the board from making the 5152
final determination regarding the renewal or nonrenewal of the 5153
contract of an internal auditor. 5154
Am. Sub. S. B. No. 5 Page 166
As Passed by the Senate
(B) Teachers must be paid for all time lost when the schools 5178
in which they are employed are closed due to an epidemic or other 5179
public calamity, and for time lost due to illness or otherwise for 5180
not less than five days annually as authorized by regulations 5181
which each board shall adopt. 5182
(5) For all other teachers, a contract for a term not to 5195
exceed five years. 5196
(2) Any teacher who meets met the following conditions prior 5209
to the effective date of this amendment: 5210
(c) The teacher has had completed the applicable one of the 5218
following: 5219
(i) If the teacher did not hold a master's degree at the time 5220
of initially receiving a teacher's certificate under former law or 5221
an educator license, thirty semester hours of coursework in the 5222
area of licensure or in an area related to the teaching field 5223
since the initial issuance of such certificate or license, as 5224
specified in rules which the state board of education shall adopt; 5225
(a) The teacher never held a teacher's certificate and was 5233
initially issued an educator license on or after January 1, 2011. 5234
(c) The teacher has held an educator license for at least 5238
seven years. 5239
(d) The teacher has completed the applicable one of the 5240
following: 5241
(i) If the teacher did not hold a master's degree at the time 5242
of initially receiving an educator license, thirty semester hours 5243
of coursework in the area of licensure or in an area related to 5244
the teaching field since the initial issuance of that license, as 5245
Am. Sub. S. B. No. 5 Page 169
As Passed by the Senate
(A) The state board of education shall issue educational aide 5344
permits and educational paraprofessional licenses for educational 5345
assistants and shall adopt rules for the issuance and renewal of 5346
such permits and licenses which shall be consistent with the 5347
provisions of this section. Educational aide permits and 5348
educational paraprofessional licenses may be of several types and 5349
the rules shall prescribe the minimum qualifications of education, 5350
health, and character for the service to be authorized under each 5351
type. The prescribed minimum qualifications may require special 5352
training or educational courses designed to qualify a person to 5353
perform effectively the duties authorized under an educational 5354
aide permit or educational paraprofessional license. 5355
(A) "Teacher" means all persons licensed to teach and who are 5465
employed in the public schools of this state as instructors, 5466
principals, supervisors, superintendents, or in any other 5467
educational position for which the state board of education 5468
requires licensure under sections 3319.22 to 3319.31 of the 5469
Revised Code including persons having a license issued pursuant to 5470
sections 3319.22 to 3319.31 of the Revised Code and employed in an 5471
educational position, as determined by the state board of 5472
education, under programs provided for by federal acts or 5473
regulations and financed in whole or in part from federal funds, 5474
but for which no licensure requirements for the position can be 5475
made under the provisions of such federal acts or regulations. 5476
minimum salary on the current adopted salary schedule based upon 5495
performance as described in section 3317.13 of the Revised Code 5496
and in accordance with the general leave policy the board of 5497
education or governing board of an educational service center that 5498
employs the teacher adopts pursuant to section 3319.141 of the 5499
Revised Code. 5500
this section, the board may declare its intention not to reemploy 5557
the teacher by giving the teacher written notice on or before the 5558
thirtieth day of April of its intention not to reemploy the 5559
teacher. If evaluation procedures have not been complied with 5560
pursuant to division (A) of section 3319.111 of the Revised Code 5561
or the board does not give the teacher written notice on or before 5562
the thirtieth day of April of its intention not to reemploy the 5563
teacher, the teacher is deemed reemployed under an extended 5564
limited contract for a term not to exceed one year at the same 5565
salary plus any increment provided by the salary schedule. The 5566
teacher is presumed to have accepted employment under the extended 5567
limited contract for a term not to exceed one year unless such 5568
teacher notifies the board in writing to the contrary on or before 5569
the first day of June, and an extended limited contract for a term 5570
not to exceed one year shall be executed accordingly. Upon any 5571
subsequent reemployment of the teacher only a continuing contract 5572
may be entered into. 5573
of an extended limited contract for a term not to exceed two years 5622
except by a three-fourths vote of its full membership. If a board 5623
rejects by a three-fourths vote of its full membership the 5624
recommendation of the superintendent of an extended limited 5625
contract for a term not to exceed two years, the board may declare 5626
its intention not to reemploy the teacher by giving the teacher 5627
written notice on or before the thirtieth day of April of its 5628
intention not to reemploy the teacher. If evaluation procedures 5629
have not been complied with pursuant to division (A) of section 5630
3319.111 of the Revised Code or if the board does not give the 5631
teacher written notice on or before the thirtieth day of April of 5632
its intention not to reemploy the teacher, the teacher is deemed 5633
reemployed under an extended limited contract for a term not to 5634
exceed one year at the same salary plus any increment provided by 5635
the salary schedule. The teacher is presumed to have accepted 5636
employment under the extended limited contract for a term not to 5637
exceed one year unless such teacher notifies the board in writing 5638
to the contrary on or before the first day of June, and an 5639
extended limited contract for a term not to exceed one year shall 5640
be executed accordingly. Upon any subsequent reemployment of the 5641
teacher only a continuing contract may be entered into. 5642
(E) A The board shall enter into a limited contract may be 5670
entered into by each board with each teacher who has not been in 5671
the employ of the board for at least three years and shall be 5672
entered into, regardless of length of previous employment, with 5673
each teacher employed by the board who is not eligible to be 5674
considered for a continuing contract. 5675
thirtieth day of April. A teacher who does not have evaluation 5686
procedures applied in compliance with division (A) of section 5687
3319.111 of the Revised Code or who does not receive notice of the 5688
intention of the board not to reemploy such teacher on or before 5689
the thirtieth day of April is presumed to have accepted such 5690
employment unless such teacher notifies the board in writing to 5691
the contrary on or before the first day of June, and a written 5692
contract for the succeeding school year shall be executed 5693
accordingly. 5694
(a) Deliver the notice by personal service upon the teacher; 5786
(3) When any notice and copy of the notice are mailed 5802
pursuant to division (H)(1)(b) or (2)(b) of this section, the 5803
notice or copy of the notice with the earlier date of receipt 5804
shall constitute the notice for the purposes of division (B), (C), 5805
(D), or (E) of this section. 5806
(I) The provisions of this section shall not apply to any 5807
supplemental written contracts entered into pursuant to section 5808
3319.08 of the Revised Code. 5809
grant a leave of absence for a period of not more than two 5812
consecutive school years in accordance with the general leave 5813
policy the board adopts pursuant to section 3319.141 of the 5814
Revised Code for educational, professional, or other purposes, and 5815
shall grant such leave in accordance with the board's general 5816
leave policy where illness or other disability is the reason for 5817
the request. Upon subsequent request, such leave may be renewed by 5818
the board in accordance with the board's general leave policy. 5819
Without request, a board may grant similar leave of absence and 5820
renewals thereof in accordance with the board's general leave 5821
policy to any teacher or regular nonteaching school employee 5822
because of physical or mental disability, but such teacher may 5823
have a hearing on such unrequested leave of absence or its 5824
renewals in accordance with section 3319.16 of the Revised Code, 5825
and such nonteaching school employee may have a hearing on such 5826
unrequested leave of absence or its renewals in accordance with 5827
division (C) of section 3319.081 of the Revised Code. Upon the 5828
return to service of a teacher or a nonteaching school employee at 5829
the expiration of a leave of absence, the teacher or nonteaching 5830
school employee shall resume the contract status that the teacher 5831
or nonteaching school employee held prior to the leave of absence. 5832
Any teacher who leaves a teaching position for service in the 5833
uniformed services and who returns from service in the uniformed 5834
services that is terminated in a manner other than as described in 5835
section 4304 of Title 38 of the United States Code, "Uniformed 5836
Services Employment and Reemployment Rights Act of 1994," 108 5837
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status 5838
held prior to entering the uniformed services, subject to passing 5839
a physical examination by an individual authorized by the Revised 5840
Code to conduct physical examinations, including a physician 5841
assistant, a clinical nurse specialist, a certified nurse 5842
practitioner, or a certified nurse-midwife. Any written 5843
documentation of the physical examination shall be completed by 5844
Am. Sub. S. B. No. 5 Page 188
As Passed by the Senate
the individual who conducted the examination. Such contract status 5845
shall be resumed at the first of the school semester or the 5846
beginning of the school year following return from the uniformed 5847
services. For purposes of this section and section 3319.14 of the 5848
Revised Code, "uniformed services" and "service in the uniformed 5849
services" have the same meanings as defined in section 5923.05 of 5850
the Revised Code. 5851
Sec. 3319.14. Any teacher who has left, or leaves, a teaching 5883
position, by resignation or otherwise, and within forty school 5884
days thereafter entered, or enters, the uniformed services and 5885
whose service is terminated in a manner other than as described in 5886
section 4304 of Title 38 of the United States Code, "Uniformed 5887
Services Employment and Reemployment Rights Act of 1994," 108 5888
Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by the board of 5889
education of the district in which the teacher held such teaching 5890
position, under the same type of contract as that which the 5891
teacher last held in such district, if the teacher applies to the 5892
board of education for reemployment in accordance with the 5893
"Uniformed Services Employment and Reemployment Rights Act of 5894
1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such application, 5895
the teacher shall be reemployed at the first of the next school 5896
semester, if the application is made not less than thirty days 5897
prior to the first of the next school semester, in which case the 5898
teacher shall be reemployed the first of the following school 5899
semester, unless the board of education waives the requirement for 5900
the thirty-day period. 5901
Sec. 3319.141. Each person who is employed by any (A) The 5912
board of education in this state of each city, exempted village, 5913
local, and joint vocational school district and the governing 5914
board of each educational service center shall be entitled to 5915
fifteen days sick adopt a policy to provide leave with pay, for 5916
each year under contract, which shall be credited at the rate of 5917
one and one-fourth days per month the employees of the board who 5918
are not covered by a collective bargaining agreement. Teachers and 5919
nonteaching school employees, upon approval of the responsible 5920
administrative officer of the school district, may use sick leave 5921
for absence due to personal illness, pregnancy, injury, exposure 5922
to contagious disease which could be communicated to others, and 5923
for absence due to illness, injury, or death in the employee's 5924
immediate family. Unused sick leave shall be cumulative up to one 5925
hundred twenty work days, unless more than one hundred twenty days 5926
are approved by the employing board of education. The board shall 5927
include all of the following in the policy: 5928
(2) The reasons for which an employee may use the types of 5930
leave the board grants under the policy; 5931
(3) The amount of each type of leave an employee may receive; 5932
(5) The maximum amount of each type of leave that an employee 5935
may accumulate; 5936
(6) The manner in which any previously accumulated sick leave 5937
Am. Sub. S. B. No. 5 Page 191
As Passed by the Senate
of a person who has been separated from public service, whether 5938
accumulated pursuant to section 124.38 of the Revised Code or 5939
pursuant to this section, shall will be placed to his the 5940
employee's credit upon his re-employment in the public service, 5941
provided that such re-employment takes place within ten years of 5942
the date of the last termination from public service. A; 5943
(9) The manner in which the board provides leave under 5955
section 3319.08 of the Revised Code; 5956
(10) Any other issue relating to the use and availability of 5957
leave. 5958
(B) Each board of education may establish regulations for the 5959
entitlement, crediting and use of sick leave by those substitute 5960
teachers employed by such board pursuant to section 3319.10 of the 5961
Revised Code who are not otherwise entitled to sick leave pursuant 5962
to such section. A 5963
(C) An employee of the board may use leave in accordance with 5964
the leave policy the board adopts and upon approval of the 5965
responsible administrative officer. 5966
(E) The board, in the policy the board adopts, shall not 5980
grant or credit sick leave shall be granted or credited in excess 5981
of ten days per calendar year or to a teacher after his the 5982
teacher's retirement or termination of employment. 5983
Except to the extent used as sick leave, leave granted under 5984
regulations adopted by a board of education pursuant to section 5985
3319.08 of the Revised Code shall not be charged against sick 5986
leave earned or earnable under this section. Nothing in this 5987
section shall be construed to affect in any other way the granting 5988
of leave pursuant to section 3319.08 of the Revised Code and any 5989
granting of sick leave pursuant to such section shall be charged 5990
against sick leave accumulated pursuant to this section. 5991
(F) This section shall not be construed to interfere with any 5992
unused sick leave credit in any agency of government where 5993
attendance records are maintained and credit has been given for 5994
unused sick leave. Unused sick leave accumulated by teachers and 5995
nonteaching school employees under section 124.38 of the Revised 5996
Code, as that section existed immediately prior to the effective 5997
date of this amendment, shall continue to be credited toward the 5998
maximum accumulation permitted under a policy adopted in 5999
accordance with this section. Each newly hired regular nonteaching 6000
Am. Sub. S. B. No. 5 Page 193
As Passed by the Senate
The board shall post the policy adopted under this section in 6008
a conspicuous location on the web site maintained by the board. 6009
The board shall review the policy on an annual basis and shall 6010
post any changes to that policy in a conspicuous location on the 6011
web site maintained by the board. 6012
(B) When, for any of the following reasons that apply to any 6028
city, exempted village, local, or joint vocational school district 6029
or any educational service center, the board decides that it will 6030
be necessary to reduce the number of teachers it employs, it may 6031
Am. Sub. S. B. No. 5 Page 194
As Passed by the Senate
(C) In making any such reduction, any city, exempted village, 6055
local, or joint vocational school board shall proceed to suspend 6056
contracts in accordance with the recommendation of the 6057
superintendent of schools who shall, within each teaching field 6058
affected, give preference first to teachers on continuing 6059
contracts and then to teachers who have greater seniority. In 6060
making any such reduction, any governing board of a service center 6061
shall proceed to suspend contracts in accordance with the 6062
Am. Sub. S. B. No. 5 Page 195
As Passed by the Senate
(1) The level of license issued under section 3319.22 of the 6072
Revised Code that the teacher holds; 6073
(3) The value-added measure the board uses to determine the 6076
performance of the students assigned to the teacher's classroom; 6077
teaching positions become vacant or are created for which any of 6094
such teachers are or become qualified. No teacher whose continuing 6095
contract has been suspended pursuant to this section shall lose 6096
that right of restoration to continuing service status by reason 6097
of having declined recall to a position that is less than 6098
full-time or, if the teacher was not employed full-time just prior 6099
to suspension of the teacher's continuing contract, to a position 6100
requiring a lesser percentage of full-time employment than the 6101
position the teacher last held while employed in the district or 6102
service center. 6103
the subcommittees in accordance with the general leave policy the 6220
board adopts pursuant to section 3319.141 of the Revised Code. 6221
(1) That all the employees assigned to the STEM school who 6273
are subject to that agreement be removed from the bargaining unit 6274
that is subject to that agreement and be designated by the state 6275
employment relations board as a new and separate bargaining unit 6276
for purposes of Chapter 4117. of the Revised Code; 6277
(3) That the STEM school be regarded as the "public employer" 6283
of those employees for purposes of Chapter 4117. of the Revised 6284
Code. 6285
(1) That all the employees assigned to the STEM school who 6300
are subject to that agreement be removed from the bargaining unit 6301
that is subject to that agreement; 6302
(3) That the STEM school be regarded as the "public employer" 6307
of those employees for purposes of Chapter 4117. of the Revised 6308
Code. 6309
the petition and so notify the parties involved, including the 6314
board of education of the school district that operated or 6315
sponsored the STEM school prior to conversion, the STEM school, 6316
and any exclusive representative of the bargaining unit. The 6317
changes requested in a certified petition shall take effect on the 6318
first day of the month immediately following the date on which the 6319
sufficiency of the petition is certified under this division. 6320
commerce, business, or education. The two members of the board who 6346
are representatives of the general public shall not be affiliated 6347
in any way with or have any direct or indirect interest in any 6348
schools subject to this chapter during their terms. Except for 6349
enrollment in a school subject to this chapter, the member 6350
representing students shall have had no affiliation in any way 6351
with, or have any direct or indirect interest in any school 6352
subject to this chapter for at least two years prior to 6353
appointment or during the member's term. 6354
Members of the board have full voting rights, except for the 6363
member representing students who shall be a nonvoting member. Each 6364
member of the board appointed by the governor shall be compensated 6365
at the rate established pursuant to division (J) of section 124.15 6366
of the Revised Code, but shall not receive step advancements, for 6367
those days the member is engaged in the discharge of official 6368
duties. In addition, members appointed by the governor may be 6369
compensated for the expenses necessarily incurred in the 6370
attendance at meetings or in performing other services for the 6371
board. The chairperson of the board shall annually be elected or 6372
determined as follows: 6373
(B) If only one member of the board representing the general 6381
public has served on the board for at least one year, this member 6382
shall be chairperson. If this member declines to serve, division 6383
(C) of this section shall apply. 6384
labor relations board has declined jurisdiction on the basis that 6437
the involved employees are employees of a public employer, except: 6438
(4) Persons who are members of the Ohio organized militia, 6448
while training or performing duty under section 5919.29 or 5923.12 6449
of the Revised Code; 6450
relations board, upon notice and public hearing, for neglect of 6657
duty or malfeasance in office, but for no other cause. 6658
(B)(1) The governor shall designate one member of the state 6659
employment relations board to serve as chairperson of the state 6660
employment relations board. The chairperson is the head of the 6661
state employment relations board and its chief executive officer. 6662
(d) Prepare and submit to the office of budget and management 6685
a budget for each biennium according to section 107.03 of the 6686
Revised Code, and include in the budget the costs of the state 6687
Am. Sub. S. B. No. 5 Page 215
As Passed by the Senate
employment relations board and its staff and the costs of the 6688
state employment relations board in discharging any duty imposed 6689
by law upon the state employment relations board, the chairperson, 6690
or any of the employees or agents of the state employment 6691
relations board, and the costs of the state personnel board of 6692
review in discharging any duty imposed by law on the state 6693
personnel board of review or an agent of the state personnel board 6694
of review. 6695
(C) The vacancy on the state employment relations board does 6696
not impair the right of the remaining members to exercise all the 6697
powers of the state employment relations board, and two members of 6698
the state employment relations board, at all times, constitute a 6699
quorum. The state employment relations board shall have an 6700
official seal of which courts shall take judicial notice. 6701
(D) The state employment relations board shall make an annual 6702
report in writing to the governor and to the general assembly, 6703
stating in detail the work it has done. 6704
(F)(1) The chairperson, after consulting with the other state 6711
employment relations board members and receiving the consent of at 6712
least one other board member, shall appoint an executive director. 6713
The chairperson also shall appoint attorneys and shall appoint an 6714
assistant executive director who shall be an attorney admitted to 6715
practice law in this state and who shall serve as a liaison to the 6716
attorney general on legal matters before the state employment 6717
relations board. 6718
Am. Sub. S. B. No. 5 Page 216
As Passed by the Senate
(c) Do all things necessary for the efficient and effective 6730
implementation of the duties of the state employment relations 6731
board. 6732
(H) The attorney general shall be the legal adviser of the 6737
state employment relations board and shall appear for and 6738
represent the state employment relations board and its agents in 6739
all legal proceedings. The state employment relations board may 6740
utilize regional, local, or other agencies, and utilize voluntary 6741
and uncompensated services as needed. The state employment 6742
relations board may contract with the federal mediation and 6743
conciliation service for the assistance of mediators, arbitrators, 6744
and other personnel the service makes available. The chairperson 6745
shall appoint all employees on the basis of training, practical 6746
experience, education, and character, notwithstanding the 6747
requirements established by section 119.09 of the Revised Code. 6748
The chairperson shall give special regard to the practical 6749
Am. Sub. S. B. No. 5 Page 217
As Passed by the Senate
training and experience that employees have for the particular 6750
position involved. The executive director, assistant executive 6751
director, administrative law judges, employees holding a fiduciary 6752
or administrative relation to the state employment relations board 6753
as described in division (A)(9) of section 124.11 of the Revised 6754
Code, and the personal secretaries and assistants of the state 6755
employment relations board members are in the unclassified 6756
service. All other full-time employees of the state employment 6757
relations board are in the classified service. All employees of 6758
the state employment relations board shall be paid in accordance 6759
with Chapter 124. of the Revised Code. 6760
(3) Hold hearings pursuant to this chapter and, for the 6796
purpose of the hearings and inquiries, administer oaths and 6797
affirmations, examine witnesses and documents, take testimony and 6798
receive evidence, compel the attendance of witnesses and the 6799
production of documents by the issuance of subpoenas, and delegate 6800
these powers to any members of the state employment relations 6801
board or any administrative law judge employed by the state 6802
employment relations board for the performance of its functions; 6803
(5) Make studies and analyses of, and act as a clearinghouse 6807
of information relating to, conditions of employment of public 6808
employees throughout the state and request assistance, services, 6809
and data from any public employee organization, public employer, 6810
or governmental unit. Public employee organizations, public 6811
employers, and governmental units shall provide such assistance, 6812
Am. Sub. S. B. No. 5 Page 219
As Passed by the Senate
services, and data as will enable the state employment relations 6813
board to carry out its functions and powers. 6814
(8) Adopt, amend, and rescind rules and procedures and 6823
exercise other powers appropriate to carry out this chapter. 6824
Before the adoption, amendment, or rescission of rules and 6825
procedures under this section, the state employment relations 6826
board shall do all of the following: 6827
Sec. 4117.03. (A) Public employees have the right to: 6901
(5) Present grievances and have them adjusted, without the 6914
intervention of the bargaining representative, as long as the 6915
adjustment is not inconsistent with the terms of the collective 6916
bargaining agreement then in effect and as long as the bargaining 6917
representatives have the opportunity to be present at the 6918
adjustment. 6919
Sec. 4117.06. (A) The state employment relations board shall 7023
decide in each case the unit most appropriate for the purposes of 7024
collective bargaining. The determination is final and conclusive 7025
and not appealable to the court. 7026
(C) The board may determine a unit to be the appropriate unit 7034
in a particular case, even though some other unit might also be 7035
appropriate. 7036
(1) Decide that any unit is appropriate if the unit includes 7039
both professional and nonprofessional employees, unless a majority 7040
of the professional employees and a majority of the 7041
nonprofessional employees first vote for inclusion in the unit; 7042
three years after the effective date of this amendment, whichever 7091
is earlier. Thereafter, the board shall designate the appropriate 7092
unit for the fire department in accordance with division (C)(6) of 7093
this section. 7094
the employer's unfair labor practices and that at one time the 7122
employee organization had the support of the majority of the 7123
employees in the unit. 7124
(1) The board shall give no less than ten days' notice of the 7135
time and place of an election; 7136
(2) The board shall establish rules concerning the conduct of 7137
any election including, but not limited to, rules to guarantee the 7138
secrecy of the ballot; 7139
(3) The board may not certify a representative unless the 7140
representative receives a majority of the valid ballots cast; 7141
(6) The board may not conduct an election under this section 7149
in any appropriate bargaining unit within which a board-conducted 7150
election was held in the preceding twelve-month period, nor during 7151
Am. Sub. S. B. No. 5 Page 230
As Passed by the Senate
Petitions for elections may be filed with the board no sooner 7155
than one hundred twenty days or later than ninety days before the 7156
expiration date of any collective bargaining agreement, or after 7157
the expiration date, until the public employer and exclusive 7158
representative enter into a new written agreement. 7159
(B) The following subjects are not appropriate subjects for 7182
Am. Sub. S. B. No. 5 Page 231
As Passed by the Senate
(9) Take actions to carry out the mission of the public 7225
employer as a governmental unit Hire, discharge, transfer, 7226
suspend, or discipline employees; 7227
(4) Determine the starting and quitting time and the number 7231
of hours to be worked by its employees; 7232
(5) Make any and all reasonable rules and regulations; 7233
(8) Determine the type of equipment used and the sequence of 7237
work processes; 7238
(10) Determine work standards and the quality and quantity of 7241
work to be produced; 7242
(1) Any potential future increase in the income of the public 7272
employer that would only be possible by the employer raising 7273
revenue, including, but not limited to, passing a levy or a bond 7274
issue; 7275
(E) The provision of health care benefits for which the 7277
employer is required to pay more than eighty-five per cent of the 7278
cost is not an appropriate subject for collective bargaining. No 7279
public employer shall agree to a provision that requires the 7280
public employer to pay more than eighty-five per cent of the cost 7281
paid for health care benefits. 7282
(3) The law pertaining to the leave established under section 7482
5906.02 of the Revised Code prevails over any conflicting 7483
provision of an agreement between an employee organization and 7484
public employer if the terms of the agreement contain benefits 7485
that are less than those contained in section 5906.02 of the 7486
Revised Code. Except 7487
Am. Sub. S. B. No. 5 Page 241
As Passed by the Senate
(B) The public employer shall submit a request for funds 7504
necessary to implement an agreement and for approval of any other 7505
matter requiring the approval of the appropriate legislative body 7506
to the legislative body within fourteen thirty days of the date on 7507
which the parties finalize the agreement, unless otherwise 7508
specified, but if the appropriate legislative body is not in 7509
session at the time, then within fourteen days after it convenes. 7510
The legislative body must approve or reject the submission as a 7511
whole, and the submission is deemed approved if the legislative 7512
body fails to act within thirty days after the public employer 7513
submits the agreement. The parties may specify that those 7514
provisions of the agreement not requiring action by a legislative 7515
body are effective and operative in accordance with the terms of 7516
the agreement, provided there has been compliance with division 7517
(C) of this section. If the legislative body rejects the 7518
submission of the public employer, either party may reopen all or 7519
part of the entire agreement. 7520
Am. Sub. S. B. No. 5 Page 242
As Passed by the Senate
and the industrial commission from the preceding sentence. This 7553
office shall not negotiate on behalf of other statewide elected 7554
officials or boards of trustees of state institutions of higher 7555
education who shall be considered as separate public employers for 7556
the purposes of this chapter; however, the office may negotiate on 7557
behalf of these officials or trustees where authorized by the 7558
officials or trustees. The staff of the office of collective 7559
bargaining are in the unclassified service. The director of 7560
administrative services shall fix the compensation of the staff. 7561
(6) Prepare and submit an annual report and other reports as 7575
requested to the governor and the general assembly on the 7576
implementation of this chapter and its impact upon state 7577
government. 7578
(B) Pay any additional payments to employees who may be laid 7616
off as the result of such privatization or subcontracting, except 7617
for payments for accumulated time or leave credits that would 7618
normally be paid by the public employer to any other employee who 7619
is laid off for reasons other than the subcontracting or 7620
privatization of their work. 7621
(B) Provides for the public employer to pay any portion of a 7633
public employee's state pension contributions or payments; 7634
(C) Provides for an hourly overtime payment rate that exceeds 7635
the overtime rate required by the Fair Labor Standards Act of 7636
1938, 52 Stat. 1060, 20 U.S.C. 207; 7637
(2) Provide for any annual paid vacation leave earning in 7651
excess of five weeks to any employee participating in the deferred 7652
retirement option plan; 7653
(4) Provide the basis for the payment to any employee 7658
participating in the deferred retirement option plan of any 7659
accumulated paid leave, including, but not limited to, sick leave, 7660
vacation leave, and compensatory time, that is based on an 7661
employee's hourly wage rate greater than the employee's wage rate 7662
on the date the employee commenced participating in the deferred 7663
retirement option plan. 7664
(B) For the purposes of this section, "days" means eight 7683
working hours and "week" means forty working hours for employees 7684
working a normally scheduled work week. Those employees working a 7685
work week that exceeds or is less than forty hours shall have the 7686
number of hours per day or week increased or reduced 7687
proportionately based on the difference in hours between the 7688
employee's average work week and forty hours. 7689
(D) The determination by the board or any court that a public 7808
officer or employee has committed any of the acts prohibited by 7809
divisions (A) and (B) of this section shall not be made the basis 7810
of any charge for the removal from office or recall of the public 7811
officer or the suspension from or termination of employment of or 7812
disciplinary acts against an employee, nor shall the officer or 7813
employee be found subject to any suit for damages based on such a 7814
determination; however nothing in this division prevents any party 7815
to a collective bargaining agreement from seeking enforcement or 7816
damages for a violation thereof against the other party to the 7817
agreement. 7818
(B) When anyone files a charge with the board alleging that 7828
an unfair labor practice has been committed, the board or its 7829
designated agent shall investigate the charge. If the board has 7830
probable cause for believing that a violation has occurred, the 7831
board shall issue a complaint and shall conduct a hearing 7832
concerning the charge. The board shall cause the complaint charge 7833
to be served upon the charged party which shall contain a notice 7834
of the time at which the hearing on the complaint charge will be 7835
held either before the board, a board member, or an administrative 7836
law judge. The board may not issue a notice of hearing based upon 7837
any unfair labor practice occurring more than ninety days prior to 7838
the filing of the charge with the board, unless the person 7839
aggrieved thereby is prevented from filing the charge by reason of 7840
service in the armed forces, in which event the ninety-day period 7841
shall be computed from the day of the person's discharge. If the 7842
board dismisses a complaint charge as frivolous, it shall assess 7843
costs to the complainant charging party pursuant to its standards 7844
governing such matters, and for that purpose, the board shall 7845
adopt a rule defining the standards by which the board will 7846
declare a complaint charge to be frivolous and the costs that will 7847
be assessed accordingly. 7848
(4) The board may order the public employer to reinstate the 7897
public employee and further may order either the public employer 7898
or the employee organization, depending on who was responsible for 7899
the discrimination suffered by the public employee, to make such 7900
payment of back pay to the public employee as the board 7901
determines. In the event the board determines the employee 7902
organization has violated division (B)(4), (5), (7), or (8) of 7903
section 4117.11 of the Revised Code, the board shall order the 7904
suspension of the payment of dues or fees to the employee 7905
organization for the greater of thirty days or two times the 7906
duration of the illegal activity. No order of the board shall 7907
require the reinstatement of any individual as an employee who has 7908
been suspended or discharged, or require the payment to the 7909
employee of any back pay, if the suspension or discharge was for 7910
just cause and the predominant basis for the suspension or 7911
discharge was not related to rights provided in section 4117.03 of 7912
the Revised Code and the procedure contained in the collective 7913
bargaining agreement governing suspension or discharge was 7914
followed. The order of the board may require the party against 7915
whom the order is issued to make periodic reports showing the 7916
extent to which the party has complied with the order. 7917
Sec. 4117.13. (A) The state employment relations board or the 7935
complaining charging party may petition the court of common pleas 7936
for any county wherein an unfair labor practice occurs, or wherein 7937
any person charged with the commission of any unfair labor 7938
practice resides or transacts business, for the enforcement of the 7939
order and for appropriate temporary relief or restraining order. 7940
The board shall certify and file in the court a transcript of the 7941
entire record in the proceeding, including the pleadings and 7942
evidence upon which the order was entered and the findings and 7943
order of the board. When the board petitions the court, the 7944
complaining charging party may intervene in the case as a matter 7945
of right. Upon the filing, the court shall cause notice thereof to 7946
be served upon the person charged with committing the unfair labor 7947
practice and thereupon has jurisdiction of the proceeding and the 7948
question determined therein. The court may grant the temporary 7949
relief or restraining order it deems just and proper, and make and 7950
enter upon the pleadings, evidence, and proceedings set forth in 7951
the transcript a decree enforcing, modifying, and enforcing as so 7952
modified, or setting aside in whole or in part the order of the 7953
Am. Sub. S. B. No. 5 Page 256
As Passed by the Senate
board. 7954
(D) Any person aggrieved by any final order of the board 7972
granting or denying, in whole or in part, the relief sought may 7973
appeal to the court of common pleas of any county where the unfair 7974
labor practice in question was alleged to have been engaged in, or 7975
where the person resides or principally transacts business, by 7976
filing in the court a notice of appeal setting forth the order 7977
appealed from and the grounds of appeal. The court shall cause a 7978
copy of the notice to be served forthwith upon the board and all 7979
other parties. Within ten days after the court receives a notice 7980
of appeal, the board shall file in the court a transcript of the 7981
entire record in the proceeding, certified by the board, including 7982
the pleading and evidence upon which the order appealed from was 7983
entered. 7984
(F) Courts of common pleas shall hear appeals under Chapter 7994
4117. of the Revised Code expeditiously presented and where good 7995
cause is shown give precedence to them over all other civil 7996
matters except earlier matters of the same character. 7997
(a) Serve written notice upon the other party of the proposed 8008
termination, modification, or successor agreement. The party must 8009
serve the notice not less than sixty days prior to the expiration 8010
date of the existing agreement or, in the event the existing 8011
collective bargaining agreement does not contain an expiration 8012
date, not less than sixty days prior to the time it is proposed to 8013
make the termination or modifications or to make effective a 8014
successor agreement. 8015
Am. Sub. S. B. No. 5 Page 258
As Passed by the Senate
(b) Offer to bargain collectively with the other party for 8016
the purpose of modifying or terminating any existing agreement or 8017
negotiating a successor agreement not less than sixty days prior 8018
to the expiration date of the existing agreement; 8019
(c) Notify the state employment relations board of the offer 8020
by serving upon the board a copy of the written notice to the 8021
other party and a copy of the existing collective bargaining 8022
agreement not less than sixty days prior to the expiration date of 8023
the existing agreement. 8024
(3) The parties shall continue in full force and effect all 8040
the terms and conditions of any existing collective bargaining 8041
agreement, without resort to strike or lock-out, for a period of 8042
sixty ninety days after the party gives notice or until the 8043
expiration date of the collective bargaining agreement, whichever 8044
occurs later, or for a period of ninety one hundred twenty days 8045
where applicable. 8046
Am. Sub. S. B. No. 5 Page 259
As Passed by the Senate
member. Once appointed, the council shall make a final settlement 8078
of the issues submitted to it pursuant to division (G) of this 8079
section. 8080
(2) If, fifty days before the expiration date of the 8083
collective bargaining agreement, the parties are unable to reach 8084
an agreement, any party may request the state employment relations 8085
board to intervene. The request shall set forth the names and 8086
addresses of the parties, the issues involved, and, if applicable, 8087
the expiration date of any agreement. 8088
(b) The board may continue mediation, order the parties to 8125
engage in collective bargaining until the expiration date of the 8126
agreement, or both. 8127
(a) The fact-finding panel finder may establish times and 8129
place of hearings which shall be, where feasible, in the 8130
jurisdiction of the state. 8131
(b) The fact-finding panel finder shall conduct the hearing 8132
pursuant to rules established by the board. 8133
(c) Upon request of the fact-finding panel finder, the board 8134
shall issue subpoenas for hearings conducted by the panel. 8135
(e) The board shall prescribe guidelines for the fact-finding 8137
panel finder to follow in making findings. In making its 8138
Am. Sub. S. B. No. 5 Page 262
As Passed by the Senate
(6)(4)(a) Not later than seven fourteen days after the 8187
findings and recommendations are sent, the legislative body, by a 8188
three-fifths vote of its total membership, and in the case of the 8189
public employee organization, the membership, by a three-fifths 8190
vote of the total membership, may reject the recommendations; if. 8191
If neither rejects the recommendations, the recommendations shall 8192
be deemed agreed upon as the final resolution of the issues 8193
submitted and a collective bargaining agreement shall be executed 8194
between the parties, including the fact-finding panel's finder's 8195
recommendations, except as otherwise modified by the parties by 8196
mutual agreement. If either the legislative body or the public 8197
employee organization rejects the recommendations, the board shall 8198
publicize the findings of fact and recommendations of the 8199
fact-finding panel finder. The board shall adopt rules governing 8200
Am. Sub. S. B. No. 5 Page 264
As Passed by the Senate
the procedures and methods for public employees to vote on the 8201
recommendations of the fact-finding panel finder. 8202
8207
five qualified conciliators and the parties shall select a single 8233
conciliator from the list by alternate striking of names. If the 8234
parties cannot agree upon a conciliator within five days after the 8235
board order, the board shall on the sixth day after its order 8236
appoint a conciliator from a list of qualified persons maintained 8237
by the board or shall request a list of qualified conciliators 8238
from the American arbitration association and appoint therefrom. 8239
(1) The parties shall submit to final offer settlement those 8265
issues that are subject to collective bargaining as provided by 8266
section 4117.08 of the Revised Code and upon which the parties 8267
have not reached agreement and other matters mutually agreed to by 8268
the public employer and the exclusive representative; except that 8269
the conciliator may attempt mediation at any time. 8270
(2) The conciliator shall hold a hearing within thirty days 8271
of the board's order to submit to a final offer settlement 8272
procedure, or as soon thereafter as is practicable. 8273
(4) Upon the request by the conciliator, the board shall 8282
issue subpoenas for the hearing. 8283
(6) The conciliator shall hear testimony from the parties and 8285
provide for a written record to be made of all statements at the 8286
hearing. The board shall submit for inclusion in the record and 8287
for consideration by the conciliator the written report and 8288
recommendation of the fact-finders. 8289
(7) After hearing, the conciliator shall resolve the dispute 8290
between the parties by selecting, on an issue-by-issue basis, from 8291
between each of the party's final settlement offers, taking into 8292
consideration the following: 8293
(c) The interests and welfare of the public, the ability of 8301
the public employer to finance and administer the issues proposed, 8302
and the effect of the adjustments on the normal standard of public 8303
service; 8304
(f) Such other factors, not confined to those listed in this 8307
section, which are normally or traditionally taken into 8308
consideration in the determination of the issues submitted to 8309
final offer settlement through voluntary collective bargaining, 8310
mediation, fact-finding, or other impasse resolution procedures in 8311
the public service or in private employment. 8312
(8) Final offer settlement awards made under Chapter 4117. of 8313
the Revised Code are subject to Chapter 2711. of the Revised Code. 8314
(10) The conciliator shall make written findings of fact and 8317
promulgate a written opinion and order upon the issues presented 8318
to the conciliator, and upon the record made before the 8319
conciliator and shall mail or otherwise deliver a true copy 8320
thereof to the parties and the board. 8321
fiscal year has commenced since the issuance of the board order to 8326
submit to a final offer settlement procedure, the awarded 8327
increases may be retroactive to the commencement of the new fiscal 8328
year. The parties may, at any time, amend or modify a 8329
conciliator's award or order by mutual agreement. 8330
(12) The parties shall bear equally the cost of the final 8331
offer settlement procedure. 8332
(H) All final offer settlement awards and orders of the 8335
conciliator made pursuant to Chapter 4117. of the Revised Code are 8336
subject to review by the court of common pleas having jurisdiction 8337
over the public employer as provided in Chapter 2711. of the 8338
Revised Code. If the public employer is located in more than one 8339
court of common pleas district, the court of common pleas in which 8340
the principal office of the chief executive is located has 8341
jurisdiction. 8342
(B) Any person who violates division (A) of this section may 8399
be subject to removal or other disciplinary action provided by law 8400
for misconduct. The public employer, the state employment 8401
relations board, or any court of competent jurisdiction may not 8402
waive the penalties or fines provided in this section as part of 8403
the settlement of an illegal strike. 8404
(F) The chief executive officer shall immediately notify each 8429
employee that the chief executive officer has been found to have 8430
committed the violation, the dates of the violation, and that the 8431
employee has the right to object to the determination under 8432
division (H) of this section. The chief executive officer shall 8433
also notify the chief fiscal officer of the names of all the 8434
employees determined to have violated this section and of the 8435
total number of days, or portions thereof, on which it has been 8436
determined that the violation occurred. Notice to each employee 8437
shall be by personal service or by certified mail to the 8438
employee's last address filed by the employee with the employer. 8439
(G) Not earlier than thirty days or later than ninety days 8440
following the date of the determination made under division (E) of 8441
this section, the chief fiscal officer of the public employer 8442
involved shall deduct from the compensation of each such public 8443
employee an amount equal to twice the employee's daily rate of pay 8444
for each day or part thereof that the chief executive officer 8445
determined that the employee violated this section. The employee's 8446
daily rate of pay is the employee's rate of pay at the time of the 8447
violation. In computing the deduction, credit shall be allowed for 8448
amounts already withheld from an employee's compensation on 8449
account of the employee's absence from work or other withholding 8450
of services on the dates of the violation. In computing the 8451
Am. Sub. S. B. No. 5 Page 272
As Passed by the Senate
(H) Within twenty days after the date on which notice was 8460
served or mailed to an employee pursuant to division (F) of this 8461
section, the employee determined to have violated this section may 8462
object to the determination by filing with the chief executive 8463
officer the employee's sworn affidavit, supported by available 8464
documentary proof, which shall contain a short and plain statement 8465
of the facts upon which the employee relies to show that such 8466
determination was incorrect. An employee who submits an affidavit 8467
pursuant to this division shall be subject to the penalties of 8468
perjury. 8469
that the employee failed to establish that the employee did not 8484
violate this section, the chief executive officer shall so notify 8485
the employee. 8486
prevent or attempt to prevent any member of the board or any agent 8514
of the board from performing his the member's or agent's lawful 8515
duties. 8516
(C) The public employer shall immediately remove from his the 8534
person's role, if any, in the collective bargaining negotiations 8535
or in any matter in connection with negotiations any person who 8536
violates division (A) or (B) of this section. 8537
(C) Not more than thirty days after a public employer and the 8580
exclusive representative enter into the collective bargaining 8581
agreement, the public employer shall submit the report required 8582
under division (B) of this section to the state employment 8583
relations board and post a copy of the report in a conspicuous 8584
manner on the web site maintained by the public employer. Upon 8585
receipt of a report from a public employer, the board shall post a 8586
copy of the report in a conspicuous manner on the web site 8587
maintained by the board. If a public employer does not maintain a 8588
web site, then the public employer shall provide copies of the 8589
report to two newspapers of general circulation, as defined in 8590
section 5721.01 of the Revised Code, in the county in which the 8591
public employer is located. If the public employer is located in 8592
more than one county, then the public employer shall provide 8593
copies of the report to newspapers of general circulation in 8594
Cincinnati, Cleveland, Columbus, and Toledo. 8595
(b) Submit the updated report to the board not less than five 8605
days prior to the date the change or modified agreement is to take 8606
effect; 8607
with division (A) of section 2705.05 of the Revised Code, or both, 8636
in the discretion of the court. 8637
Sec. 4725.46. (A) Each member of the Ohio optical dispensers 8644
board shall receive compensation pursuant to division (J)(A) of 8645
section 124.15 of the Revised Code, but shall not receive step 8646
advancements, for each day actually employed in the discharge of 8647
his official duties, and his the member's actual and necessary 8648
expenses. 8649
Sec. 4906.02. (A) There is hereby created within the public 8654
utilities commission the power siting board, composed of the 8655
chairman chairperson of the public utilities commission, the 8656
director of environmental protection, the director of health, the 8657
director of development, the director of natural resources, the 8658
director of agriculture, and a representative of the public who 8659
shall be an engineer and shall be appointed by the governor, from 8660
a list of three nominees submitted to the governor by the office 8661
of the consumers' counsel, with the advice and consent of the 8662
senate and shall serve for a term of four years. The chairman 8663
chairperson of the public utilities commission shall be chairman 8664
chairperson of the board and its chief executive officer. The 8665
Am. Sub. S. B. No. 5 Page 279
As Passed by the Senate
(3) Employment that has become unsuitable due to any of the 8750
following: 8751
(a) The wage is less than the federal minimum wage; 8752
(6) Lack of adequate child care for children of the member or 8769
recipient who are under six years of age. 8770
Each teacher who has completed training that would qualify 8928
the teacher for a higher salary bracket pursuant to this section 8929
shall file by the fifteenth day of September with the fiscal 8930
officer of the board, satisfactory evidence of the completion of 8931
such additional training. The fiscal officer shall then 8932
immediately place the teacher, pursuant to this section, in the 8933
proper salary bracket in accordance with training and years of 8934
service. No teacher shall be paid less than the salary to which 8935
the teacher would be entitled under section 3317.13 of the Revised 8936
Code if the teacher were employed by a school district board of 8937
education. 8938
section 3323.09 of the Revised Code during the first full school 8943
week of October. The superintendent further shall certify, for 8944
each teacher, the number of years of training completed at a 8945
recognized college, the degrees earned from a college recognized 8946
by the state board, the type of license held, the number of months 8947
employed by the board, the annual salary, and other information 8948
that the state board may request. 8949
(B) The director shall appoint all managing officers, who 8996
shall be in the unclassified civil service. The director may 8997
appoint a person who holds a certified position in the classified 8998
service within the department to a position as a managing officer 8999
within the department. A person appointed pursuant to this 9000
division to a position as a managing officer shall retain the 9001
right to resume the position and status held by the person in the 9002
classified service immediately prior to the person's appointment 9003
as managing officer, regardless of the number of positions the 9004
person held in the unclassified service. A managing officer's 9005
right to resume a position in the classified service may only be 9006
Am. Sub. S. B. No. 5 Page 290
As Passed by the Senate
exercised when the director demotes the managing officer to a pay 9007
range level lower than the managing officer's current pay range 9008
level or revokes the managing officer's appointment to the 9009
position of managing officer. A managing officer forfeits the 9010
right to resume a position in the classified service when the 9011
managing officer is removed from the position of managing officer 9012
due to incompetence, inefficiency, dishonesty, drunkenness, 9013
immoral conduct, insubordination, discourteous treatment of the 9014
public, neglect of duty, violation of this chapter or Chapter 124. 9015
of the Revised Code, the rules of the director of youth services 9016
or the director of administrative services, any other failure of 9017
good behavior, any other acts of misfeasance, malfeasance, or 9018
nonfeasance in office, or conviction of a felony. A managing 9019
officer also forfeits the right to resume a position in the 9020
classified service upon transfer to a different agency. 9021
(D) The director may designate one or more deputy directors 9051
to sign any personnel actions on the director's behalf. The 9052
director shall make a designation in a writing signed by the 9053
director, and the designation shall remain in effect until the 9054
director revokes or supersedes it with a new designation. 9055
Sec. 5503.03. The state highway patrol and the superintendent 9056
of the state highway patrol shall be furnished by the state with 9057
such vehicles, equipment, and supplies as the director of public 9058
safety deems necessary, all of which shall remain the property of 9059
the state and be strictly accounted for by each member of the 9060
patrol. 9061
(B) The state shall annually pay into the employer 9095
accumulation fund, in monthly or less frequent installments as the 9096
state highway patrol retirement board requires, the employer 9097
contribution. The employer contribution shall be an amount equal 9098
to twenty-six and one-half per cent of the total salaries paid 9099
contributing members. If a member severs connection with the 9100
patrol or is dismissed, the employer contribution shall remain in 9101
Am. Sub. S. B. No. 5 Page 293
As Passed by the Senate
Section 5. The items of law contained in this act, and their 9140
applications, are severable. If any item of law contained in this 9141
act, or if any application of any item of law contained in this 9142
act, is held invalid, the invalidity does not affect other items 9143
of law contained in this act and their applications that can be 9144
given effect without the invalid item of law or application. 9145